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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in the UK and transferred money from my business account

Customer Question

I live in the UK and transferred money from my business account to a beneficiary in Spain but the beneficiary was unable to access the money from his account. I then requested that the Spanish bank return the money to my UK business account.

The money was then returned but the bank had closed the account without reason. For nearly 12 months I have been trying to get the money from the bank but they say they are carrying out an investigation and have not returned my money.

They requested for documents which I had sent them but they call to say I should give them more time.

Can I sue the bank in small claims court to recover the money? The money is £13,000.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Is it the uk or Spanish bank holding the money please?
JACUSTOMER-110cc48t- :

The money (15,500 Euros) is being held by the UK bank

Alex Watts :

Is this an unusual transaction for this account please?

JACUSTOMER-110cc48t- :

No, it is not unusual. I had made transfers of larger figures.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?