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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Good evening I paid £500 in error to somebody via internet

Customer Question

Good evening
I paid £500 in error to somebody via internet banking. I intended to make a payment of £500 to person A who I was buying something from, however I inadvertently sent the payment to person B. I had persons B's details as I had dealt with them before. I realised the mistake later that day when person A emailed to say that they had not received the payment. On checking the situation I realised my error and paid person A the £500 they were due and emailed person B to inform them of the payment I had sent them in error earlier in the day.
I also contacted the bank who suggested that I try to sort it out with the person directly in the first instance. After two days I received an email back from person B stating that they had been away with work hence the delay and that they would check their bank and return the payment that day.
Twod days later I had not received the payment back so I emailed again. Person B apologised and said that he would get it sent back after the weekend. Again this didn't happen and after numerouse emails/phone calls I felt that I was being fobbed off.
I contacted the bank again and they wrote to person B asking if they could return the money but person B did not respond so the bank cannot do anything else apparently and have suggested I seek legal advice.
I have looked online and believe that it is an offence under the Theft (Amendment) Act 1996 to retian wrongful credit and as such it is a criminal offence.
I would like some advice with regard to my next steps:
a) contact the police as this is a criminal offence
b) have a solicitor write an initial letter; or
c) initiate a claim through the small claims court.
Many thanks for your assistance.
Kind regards
Karen
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you raised this with your bank yet please Karen?

JACUSTOMER-ewgru4ew- :

Hi Alex. Yes I raised this with the bank straight away and they suggested that I try to speak to the person myself to get the money back. I emailed and spoke to the person about half a dozen times over a two week period. At first he seemed like he was genuinely going to give it back (I have emails to this effect) but then in the end I was being fobbed off. I went back to the bank and they investigated. They confirmed that it was not an error on their part (which I knew - it was my error) but they would write to the person and ask their permission to return the funds to me (incidentally my account and his account are both with Lloyds). He did not respond to their letter and so they have now wrote to me to say that I should seek legal advice as there is nothing they can do. They cannot just take the money back without his permission.

JACUSTOMER-ewgru4ew- :

Sorry it sent before I'd finished. Many thanks

Alex Watts : Do you know the persons name and address?
JACUSTOMER-ewgru4ew- :

Yes I do. I have a home address and his business address.

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 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.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-ewgru4ew- :

As I don't know whether the account was his business account or personal account should I send the letter to both him personally and also to him as director of his company? if he does not respond and I file ca claim, do I then also address that to both him and his company?

Alex Watts : yes I would do both.
JACUSTOMER-ewgru4ew- :

Many thanks for your help

Alex Watts : Can I clairfy anything else for you?
JACUSTOMER-ewgru4ew- :

No that is all thank you

Alex Watts : Can I help with anything else today?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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