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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I paid a company that gave me their bank details over the

Customer Question

Hi I paid a company that gave me their bank details over the phone. They sent me a receipt, upon request, the next month. Eight months later they tell me that they did not receive the money and that is not their bank account. The bank has said that the beneficiary has with drawn the funds. Due to data protection they can not give me a name.
Many thanks Jennie
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask was the receipt issued for the full payment in error please?

Joshua :

I assume this to be the case based on what you say.

JACUSTOMER-0otpwg2j- :

Yes I was sent two receipts for 75 % and 25 % totalling the full £10'200 paid

JACUSTOMER-0otpwg2j- :

The bank details on the receipts is different to the one given over the phone.

Joshua :

Thanks. So these receipts were simply issued in error?

Joshua :

Have you accepted liabilty for the money they are now claiming?

JACUSTOMER-0otpwg2j- :

They say the receipts were an error, I have told them I am trying to trace the money through the bank and have contacted the police.

Joshua :

Thanks - but you have not accepted formally that you still owe them money?

JACUSTOMER-0otpwg2j- :

no not at all

Joshua :

Thanks. based upon what you say, I believe the company is in some degree of difficulty in terms of claiming further monies from you. Based on the facts as you state, I consider that you can rely on grounds of estoppel in order to resist any further claim for monies from the company. estoppel is a discretionary remedy that can be awarded by the courts where party A can show he relied on some promise or statement of B and has subsequently acted to his detriment in reliance of that promisor statement B shall be held to that statement.

JACUSTOMER-0otpwg2j- :

sorry I don't understand fully

Joshua :

Here you have a situation where the company allegedly provided you with incorrect bank details (though of course they may claim that you simply got them wrong), and you paid money as per instructions after which they subsequently issued a receipt for payment. you relied upon those receipts and accordingly did not follow the matter up with your bank immediately as you would have done had they notified you earlier which would likely have made it simpler to recover the money and the bank's new code of practice which is introduced the quick recovery of payments made to wrong accounts. through the companies negligent in action, you have prejudiced your position both in respect of your ability to recover through the bank. Accordingly you can seek to claim a defence of estoppel that they are held to the incorrect receipts they issued in the matter.

JACUSTOMER-0otpwg2j- :

Thank you very much!!! thats great news x

Joshua :

the remedy of estoppel is discretionary on the part of the courts and so it is not possible to guarantee that the court would grant it however based upon what you say, the company is guilty of substantial negligence in respect of the manner in which it has dealt with the matter and accordingly, I consider that there are grounds for estoppel to be granted if they were to pursue you in court.

Joshua :

it is also worth noting that estoppel can only be used as a defence rather than a claim. in other words, it will be a case of a defence if the supplier were to attempt to recover monies from you in the County Court.

JACUSTOMER-0otpwg2j- :

Thank you Joshua x

Joshua :

having said this, it would be sensible to follow through an attempt to recover the money as you are doing as it shows willing on your part which goes to your credit in the event the matter does proceed to court. Ultimately, if the supplier were to take you to court and was successful in recovering monies despite what I say above, though as above I consider you have a good defence on the above facts, it is ultimately possible for you to discover the identity of the account holder to whom money was transferred by issuing an application for a Norwich Pharmacal Order. this is a peculiar type of order which is used to force, in this case the receiving bank, to disclose the identity of an individual who is in debt to you. In the circumstances, an order would be granted from which you can discover the identity of the receiving party and subsequently issue proceedings to recover the monies from them

Joshua :

Have I been able to help you with all your questions on the above?

JACUSTOMER-0otpwg2j- :

Do I have to do the Norwich Pharmacal order though the commercial court or is it something the police will do?

Joshua :

It is a civil order that is applied for in the county court if you find it necessary.

JACUSTOMER-0otpwg2j- :

Ok thanks I think that every thing, you have been very insightful and helpful. Many thanks

Joshua :

I am glad I could assist. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-0otpwg2j- :

I am going to rate you excellent :)

Joshua :

Many thanks

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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