Balance transfer misdirected to another account £4k - please help

p3ncilsharpener

sarahern said:

Do you think there is a chance if the ombudsman find there were failings on the part of the bank then one of the banks will be ordered to give me back the funds? Then the banks try clawing back themselves from the individual? 

Only if the failing was that they made a mistake and sent it to the wrong account.

sarahern

We know they are alleging it was due to my typo though. What about if they find any other failings in the process and their treatmemt to me? Is there a chance the amount could be paid back?

p3ncilsharpener

sarahern said:

We know they are alleging it was due to my typo though. What about if they find any other failings in the process and their treatmemt to me? Is there a chance the amount could be paid back?

Zero.

Unless there is evidence you requested it be sent to 123456789 and they sent it to somewhere else they won't give you that money back as it's nothing to do with their failings.

Thrugelmir

sarahern said:

We know they are alleging it was due to my typo though. What about if they find any other failings in the process and their treatmemt to me? Is there a chance the amount could be paid back?

What failing do you perceive if they carried out your instructions.

eskbanker

sarahern said:

We know they are alleging it was due to my typo though. What about if they find any other failings in the process and their treatmemt to me? Is there a chance the amount could be paid back?

I'd agree with the above posters about this being unlikely, but specifically how did you construct your complaint to Sainsbury's (i.e. exactly what are you accusing them of doing or not doing that they should have) and then onwards to FOS about Sainsbury's?

sarahern

I was getting nowhere with customer service on both sides about what had happened and where the money had gone. It was being worded very confusingly. I therefore pursued complaints to try and get to the root of the issue. Both responded. Some failings were admitted by sainsburys but they said they had attempted to recall the money and barclaycard told them the money had been withdrawn by the unintended recipient. No one has ever attempted to contact this individual. Both complaints not upheld so i was advised to contact ombudsman. 

No resolution hence complaint sent. When posting please you put yourself into my shoes! A £4k debt that i am being hit with and no one is tracing for me! 

p3ncilsharpener

sarahern said:

I was getting nowhere with customer service on both sides about what had happened and where the money had gone. It was being worded very confusingly. I therefore pursued complaints to try and get to the root of the issue. Both responded. Some failings were admitted by sainsburys but they said they had attempted to recall the money and barclaycard told them the money had been withdrawn by the unintended recipient. No one has ever attempted to contact this individual. Both complaints not upheld so i was advised to contact ombudsman. 

No resolution hence complaint sent. When posting please you put yourself into my shoes! A £4k debt that i am being hit with and no one is tracing for me! 

There is essentially nothing that either of these companies can do to get the money back if the error was on your end. Do you know for certain that they haven't attempted to contact the individual?

Ultimately their only failing appears to be that Sainsbury's fobbed you off to Barclaycard when for the purposes of this transaction you were not Barclaycards customer.  You're looking at a hundred quids worth of compo and an apology probably, getting the money back is going to be on you unfortunately.

sarahern

I disagree with your comments and dont know what makes you certain? Other people have succeeded in misdirected payments actions!

eskbanker

sarahern said:

Other people have succeeded in misdirected payments actions!

Have you found any such actions relating to credit card transfers, as opposed to faster payments?  Or anything in Ts & Cs, codes of conduct, etc, that commits Sainsbury's and/or Barclaycard to such a process?

p3ncilsharpener

sarahern said:

I disagree with your comments and dont know what makes you certain? Other people have succeeded in misdirected payments actions!

Barclaycard have no right to pull the money out of the customer's account.  I know this for certain.  At best they can ask the customer if it is OK to take it back but as the customer has run off with it it's highly unlikely they'd have paid any attention to a letter.

The FOS will only tell Sainbury's to reimburse you IF they erred and sent it to the wrong account.  Maybe they did and the truth will be uncovered but I'm going to take them at face value in their assertions that they sent it to the account they were told to.

Ultimately the initial error was on your end (allegedly), none of the errors after that had any impact on this £4k going walkies so you need to accept that Sainsbury's are not going to reimburse you because their customer service left a bit to be desired.

You can take it up with the police but I suspect their appetite for chasing this will be low (as it usually is) and even if they did prosecute the individual it would still almost certainly be up to you to pursue them through the civil courts for the money (although at least that would mean you would know their identity without an expensive court order.)  Failing that it's going to be a court order for identity + civil court action.

I can understand that it's going to feel absolutely horrible to lose £4k like this but I'm only telling it as it is, better that than give you false hope that (IMO anyway.)