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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My bank sent a chip and pin payment to the wrong account.I

Customer Question

My bank sent a chip and pin payment to the wrong account.I told the bank 3 days later. After trying to get it back the bank rang today to say the account holder who had received the money in erroor had spent the money, a total of 1435 pounds.What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write to the bank 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.
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 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.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Do I write to my bank, which sent the payment, or the bank which received it?
Expert:  Ash replied 1 year ago.
Your bank.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for a speedy and clear reply.
Expert:  Ash replied 1 year ago.
Happy to help and good luck.
Alex
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