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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I transferred some money to the wrong bank acount via an online

Resolved Question:

I transferred some money to the wrong bank acount via an online transfer. I want to use the small claims court to recover the money but my bank is refusing to provide me with name of the recipient (who is also a customer of the bank) because of data protection issues. How can I force the bank to divulge the identity of the recipient?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you made a formal complaint to the bank yet?
Alex Watts : how much did you send please?
Customer:

Yes, my wife and I formally complained to the bank (it is a joint account with Santander)

Customer:

Yes, my wife and I formally complained to the bank (it is a joint account with Santander) in January 2014. My wife entered one wrong digit in the account number hence the money (£1,489) went to the wrong acount. Santander said that they contacted the account holder (who is also a customer of theirs) twice but nothing happened. Santander then said that they could do nothing more for us.

Alex Watts : I would now complain to the financial ombudsman, they regulate banks Etc. their can examine your complaint for free at www.financial-ombudsman.org.uk
Alex Watts : If they do not uphold the complaint then you can apply to the court and ask for specific disclosure.
Alex Watts : you would need to complete form n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And N244
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : you need to ask the court for an order for specific disclosure, that is they disclose who it is.
Alex Watts : once you have that then you can issue claim.
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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please
Customer:

Thank you, ***** ***** seek disclosure as you advise. To whom do I send forms N1 and N244 when I have completed them?

Alex Watts : The bank.
Alex Watts : but submit them to the county court first though of course to issue it!
Alex Watts : Does that help?
Customer:

So if I complete forms N1 nad N244 and send them to the county court, they will then directly instruct the bank to disclose the name and address of the account holder to me - is that correct?

Alex Watts : Yes. There is likely to be a hearing for a judge to decide.
Alex Watts : does that help?
Customer:

Yes, thank you.

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