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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47380
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How can ascertain the personal details of a person to whose

Resolved Question:

How can ascertain the personal details of a person to whose account over £500 has been sent in error, instead of into my grandson's account. This third party has declined to refund (after approaches from our respective banks).
I want to make a claim on behalf of my grandson, via the County Court (under The Norwich Pharmacal Order made in the High Court).
Ron Darley
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
This is an unfortunate position because once the money is sent, only the recipient can decide whether to return it. The banks have done their duty, because they have followed your instructions and even though they were based on incorrect details, they cannot retrieve the money for you. At the same time, they cannot disclose the personal details of the account holder because they will have strict duties not to do so under the Data Protection Act 1998. However, there is a clause in that Act which provides an exemption to this and could make the bank release that information. You will find this under section 35:
http://www.legislation.gov.uk/ukpga/1998/29/section/35
It states that the non-disclosure provisions do not apply if disclosure is required by or under any enactment, by any rule of law or by the order of a court. So you could make a preliminary claim in court to request that an order is issued requiring the banks to release that information. However, it is entirely down to the court to decide whether such an order should be issued although being your only option it may be worth trying.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you