hogmaw Posted February 27, 2012 Share Posted February 27, 2012 OK here's something that brings up a black cloud over my head every time I think of it and now I'm stuck. Last June my mate asked me to lend him £1500. He is a good mate, known him for years, so no problem. So I lend it him, and 2 months later he pays it back in full, as agreed. Problem is, the money doesn't appear in my account. It doesn't take long to find out why - I checked the email I sent him and it turns out I wrote down the wrong bank account number, it was wrong by one digit. My fault My bank say that someone else has recieved the money and there is nothing they can do about it. All they can do is pass on a letter from me asking them to return the money. Which I have, and surprise surprise, no reply. Oh and banks being banks, it's taken 6 months to get this far. So I'm £1500 down, all because I did a mate a favour, and because of my stupidity in giving the wrong number. So the dilemma is - seeing as it was my error, but it was a favour to him, do I ask him to pay a) any of it b) some of it c) none of it? Thoughts please folks, and in the unlikely event it was someone here who has my £1500, please do the right thing. Quote Link to comment Share on other sites More sharing options...
tooquicktostop Posted February 27, 2012 Share Posted February 27, 2012 Difficult one, he was not at fault really so can not be held responsible, you need the bank to help you claim the money back, I thought with a bank transfer if the account holder name did not match it would be rejected, I have learnt something new there Quote Link to comment Share on other sites More sharing options...
monsween Posted February 27, 2012 Share Posted February 27, 2012 I think you're up the creek I know you helped him out but writing the wrong number down wasn't his fault. What else can the bank do? Quote Link to comment Share on other sites More sharing options...
JamieP Posted February 27, 2012 Share Posted February 27, 2012 C. Quote Link to comment Share on other sites More sharing options...
tony tt Posted February 27, 2012 Share Posted February 27, 2012 Difficult one, he was not at fault really so can not be held responsible, you need the bank to help you claim the money back, I thought with a bank transfer if the account holder name did not match it would be rejected, I have learnt something new there Same here i thought the acc number had to match the name. C. Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted February 27, 2012 Share Posted February 27, 2012 Difficult one. Depends how much you need the £1,500 I suppose, and equally whether you can make him realise how much you need it. Quote Link to comment Share on other sites More sharing options...
Benjy Posted February 27, 2012 Share Posted February 27, 2012 To be fair, if I was you're mate, as much as I'd feel reeeaaaalllllly sorry for you, I'd have said that it's kinda you're own fault. If he'd put the wrong digit in and you'd given him the right number, then I'd tell him he'd still have to pay me back. If ever I lend people money, I always ask for it back in cash. Purely because this sort of thing can't happen, and once the cash is in my hand, I know it's not going anywhere, and if I lose it, then I'm the idiot. Unfortunately, I think you may have just given someone that's not very honest a nice wedge of cash mate. Quote Link to comment Share on other sites More sharing options...
RobUK Posted February 27, 2012 Share Posted February 27, 2012 Option D - speak to the financial ombudsmen and see what they say... Mistakes happen all the time I can't beleive that they have no way to sort it out... Oh and name the bank so I can avoid it..., it's normally me that does stupid stuff like that Quote Link to comment Share on other sites More sharing options...
hogmaw Posted February 27, 2012 Author Share Posted February 27, 2012 Yeh I'm the idiot and some random chancer's spunking £1500 of my hard earned. I'm quite shocked to realise that 1) the account name does not have to match the number and 2) that bank account numbers can just have one digit difference. Credit cards can't for example. On another note, did you know that banks don't check signatures on cheques for less than £10000? I learned this the hard way a few years ago!!! Quote Link to comment Share on other sites More sharing options...
marbleapple Posted February 27, 2012 Share Posted February 27, 2012 I don't think you can blame your mate. I think you should be kicking off with the bank. Get the FOS and/or Police involved and get them to pursue the matter. As far as I understand it, it is theft by the other account holder not to refund you and it is a criminal offence. Just like if an employee gets overpaid... its theft if they keep it whether they like it or not. I'd be screaming at the bank staff till the bank manager comes out and them screaming at him until his manager comes out and then... repeat Quote Link to comment Share on other sites More sharing options...
imi Posted February 27, 2012 Share Posted February 27, 2012 like others surprised that the account name & number don't need to match - one wonders whats the point of these banks as they absolve themselves of all responsibility. your mate is not responsible so I wouldn't ask him to pay. Quote Link to comment Share on other sites More sharing options...
RobUK Posted February 27, 2012 Share Posted February 27, 2012 Been having a read, it basically a mine field... Did find this which had some positive advice though... http://singletrackworld.com/forum/topic/paid-3000-in-to-the-wrong-bank-account Quote Link to comment Share on other sites More sharing options...
hogmaw Posted February 27, 2012 Author Share Posted February 27, 2012 Yeh I agree that someone has got MY money and it does not belong to them so there must be something unlawful in that. I have to take it further, but how? It's taken me 6 months harrassing the banks to get this far (my bank Santander, payers bank Bank of Scotland) but they say there's nothing they can do. Quote Link to comment Share on other sites More sharing options...
RobUK Posted February 27, 2012 Share Posted February 27, 2012 Your mate really needs to be chasing it as hard as he was the sender of the money... Quote Link to comment Share on other sites More sharing options...
Westy Posted February 27, 2012 Share Posted February 27, 2012 C. mate. You can't ask him for anything if he has stood by his word and sent the money to the account you specified!? It's a poor situation, but think you will just need to live with it!? Quote Link to comment Share on other sites More sharing options...
Guest Budz86 Posted February 27, 2012 Share Posted February 27, 2012 I've got a mate who works for Santander as a branch manager, should be seeing her soon so I'll ask her what the crack is. Quote Link to comment Share on other sites More sharing options...
RobUK Posted February 27, 2012 Share Posted February 27, 2012 Ill ask someone in our finance dept tomorrow as they are ex-Barclays... I would definitely get on the phone to the finance ombudsmen though... We had an issue with Halifax recently which wasn't being sorted in a timely fashion... I got the FO involved and it was sorted in about 3 days I have to say I was amazed! Quote Link to comment Share on other sites More sharing options...
benkei Posted February 27, 2012 Share Posted February 27, 2012 I have to agree with the majority here, he was reliable as in he sent the funds to the account you gave him on time, it's just unfortunate there was an error with the digits so it wasn't actually your account. I work at a bank, so I could ask on the inside what can be done in this kind of situation and I'll let you know. Can your friend not speak to his bank and get them to recall the money? There is ALWAYS a paper trail. I'm not sure how far 'finders - keepers' reachers in regards to cash transfers, finding money in the street is one thing, but like I said, there's a paper-trail here, so the receiving account holder is liable for those funds I'd imagine. If they went out and spent money they KNEW they shouldn't have, well then it's their own fault for being dishonest and spending someone else's money. Whether it actually works like this I don't know for sure. As I said, I'll see what I can find out for you, also get your friend to speak with his bank, errors like this are made all the time, and you can usually get the money back if you're quick enough. How long ago were the funds transfered? Quote Link to comment Share on other sites More sharing options...
hogmaw Posted February 27, 2012 Author Share Posted February 27, 2012 Thanks everyone for your replies, I don't think I should be asking for my mate to pay any more, he has done what was asked of him. I just need to get onto the ombudsman, possibly a solicitor, one of the links above provided this info re the Section 24A Theft Act (thanks for that) which could come in useful: [F2124A Dishonestly retaining a wrongful credit. (1)A person is guilty of an offence if— (a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b)he knows or believes that the credit is wrongful; and ©he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled. (2)References to a credit are to a credit of an amount of money. Quote Link to comment Share on other sites More sharing options...
benkei Posted February 27, 2012 Share Posted February 27, 2012 Thanks everyone for your replies, I don't think I should be asking for my mate to pay any more, he has done what was asked of him. I just need to get onto the ombudsman, possibly a solicitor, one of the links above provided this info re the Section 24A Theft Act (thanks for that) which could come in useful: [F2124A Dishonestly retaining a wrongful credit. (1)A person is guilty of an offence if— (a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b)he knows or believes that the credit is wrongful; and ©he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled. (2)References to a credit are to a credit of an amount of money. So if the account holder were to be a woman, would this law not apply? Quote Link to comment Share on other sites More sharing options...
hogmaw Posted February 27, 2012 Author Share Posted February 27, 2012 The law was made in 1968, in those days men were men, and women were women! Quote Link to comment Share on other sites More sharing options...
tkddav3 Posted February 27, 2012 Share Posted February 27, 2012 hope you get it back. id be pissed if someone had my money! get the boyz, find out who has your money and go chuck norris on them in all seriouness good luck though mate Quote Link to comment Share on other sites More sharing options...
garethr Posted February 28, 2012 Share Posted February 28, 2012 So it's the 21st century and bank account codes don't have a check digit? Do we have an "incredulity" smiley? Quote Link to comment Share on other sites More sharing options...
Havard Posted February 28, 2012 Share Posted February 28, 2012 The law was made in 1968, in those days men were men, and women were women! I suppose "they" are not these days after my experience in Thailand...!! Quote Link to comment Share on other sites More sharing options...
jcbt Posted February 28, 2012 Share Posted February 28, 2012 Sorry to hear this but its not your mates fault - this is a normal response from a bank.I suggest you write to the MD or CEO of your bank laying out the facts before him asking for assistance. Alternatively I agree with another poster who stated you should contact the financial ombudsman. You could also try citizens advice. The upshot is you need to get some clout behind you, have you tried a solicitor? Dont let it go without a major fight. Good luck bud. Quote Link to comment Share on other sites More sharing options...
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