bank wont give back a bacs payment error

rosetinted · 3rd April 2007, 21:47

hi this is my first post-hope it makes sense. my partners employer has in error sent his bacs salary to my old bank account (not active for past 10 months) and refuse to send it back although the employer has tried to reclaim. the trouble is that i owe them money on an overdraft that i have agreed to pay monthly, but don't use that account. they say they can keep the money cos it is owing!! but its not my money it belong to my partner.. his employer says it is not their problem (although it is their mistake for not deleting the previous account off their system). so now we have no money to pay the bills this month and don't know what is right and what is wrong - anyone got any ideas??? please

Niklowe · 3rd April 2007, 22:42

Hi Rose.

If it's your partners emlployers error then it is up to them to sort it out. get you partner to contact citizen's advice and drop a line to the OFT

rosetinted · 3rd April 2007, 23:16

thanks for that nicklowe, and we will contact citizens advise, but this is an immediate problem with what looks like no immediate answers. having a run of bad luck at the mo (hope it ends soon!!)

Glenn UK · 3rd April 2007, 23:40

if the money is paid in error on behalf of someone else ie not the account holder, then the money is recoverable i believe.

however, that could take time.

You OH needs to go the bank with a letter from his employer that the money was paid into the wrong account by mistake and he wants it there and then. whether they give it to him or not is difficult to say.

You say partner, are you married? It would be good if you had different surnames for obvious reasons, even better if they don't know you and he/she are partners.

they cannot offset money that does belong to you and the fact its been paid into the account by mistake doesn't mean they can keep it.

JMHO

Glenn

rosetinted · 4th April 2007, 11:18

thanks glennuk for that. yes we are married so the name is the same, but it is not my money, its his and i will be speaking to the bank (NatWest) today to make that clear and see if i get anywhere.

Glenn UK · 4th April 2007, 12:19

just a thought but i presume the account is in your name only? And do you have a joint account with them too?

If you do have a joint acc it might be worth checking the terms and conditions to see what it says about offsetting money to other accounts.

Edit i still think that the money is his and having been paid into the account by mistake should be returned to him. if they get nasty tell them you will take them to court and seek costs and damages if they don't return the money.

i should add that this should if possible be done by him not you.

Glenn

rosetinted · 5th April 2007, 21:56

hi yes the account is in my name only and we do not have joint account with the same bank, in fact no joint accounts anywhere. have spoken to them and yesterday they said if a fax was sent from his employer saying it was an error they would send it back. at 4pm today still not back in employers account. phoned again and they apologised for cock up but they missed the 3pm deadline and now it looks like it will be tuesday... hope they are not just keeping me hanging on... i look forward to tuesday, cos then we can eat!!!! what a rotten easter w/end we will have, never mind the sun is set to shine. thank for your info.

Glenn UK · 5th April 2007, 22:14

Good luck,

if they dont give you the money on Tuesday, then i recommend that you write to them holding them responsilbe for any costs, losses or damages you incur as a result of their failure to return the mony.

Inform them that they have failed to refund money paid under a mistake to which they and you are not entitled to. It is best if your partner does this because its his money, not yours if that makes sense.

If you incur any charges as a result of this issue then i would appraoch them with a view to reclaiming those costs.

DOnt worry if they refuse to repay the moeny then your partner must hold them responsible for any costs or losses you incur, it wont help put food on the table this wekend but it iwll make sure you get back anything you loose.

JMHO

GLenn

lazybones · 6th April 2007, 01:42

Quote:

Originally Posted by rosetinted

hi yes the account is in my name only and we do not have joint account with the same bank, in fact no joint accounts anywhere. have spoken to them and yesterday they said if a fax was sent from his employer saying it was an error they would send it back. at 4pm today still not back in employers account. phoned again and they apologised for cock up but they missed the 3pm deadline and now it looks like it will be tuesday... hope they are not just keeping me hanging on... i look forward to tuesday, cos then we can eat!!!! what a rotten easter w/end we will have, never mind the sun is set to shine. thank for your info.

Hi rose

Sorry to butt in but am I right in thinking Saturday is not a Bank Holiday
Just an idea

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