Paid wrong person via PayPal. Help!

[NewNameDueToMyIdiocy]

Please be kind, I feel like a total idiot right now. Name changed because I am embarrassed and worried.

I sent some money via PayPal "Friends and Family" recently and inadvertently sent it to the wrong person (a total stranger!). It was not a small amount of money (hundreds) and I am now very worried at the possibility of not getting it back.

PayPal won't / can't help because I used F&F. I am obviously not expecting them to cover me, as I forfeited that right by using F&F, but they won't even request a refund on my behalf or anything. There is no option for me to do this myself via my account. The only dispute option open to me isn't applicable to the situation and when I raised a dispute it was closed almost immediately.

I have been in contact with the incorrect recipient via email and while they have replied to me, they haven't made it clear at all if they plan to return the money. I can understand that they might be worried about a scam or similar, but I'm really hoping I can convince them I am genuine.

AIBU to hope that they will return my money? Is there anything I can do if they don't? Has anyone ever been in this position? Help Mumsnet.

[WaitingForSunday17]

Oh god what a nightmare!
I’m pretty sure if the person just kept it it would count as theft? I’m not sure though... might be worth contacting the police if they fail to return it. Are they in the UK? I can see why they might be worried about a scam but if someone contacted me and explained AND the money was obviously in my PayPal account I would ring PayPal and check the situation out and then return it.

The only thing I can think of is contacting the police if it isn’t returned.

[NewNameDueToMyIdiocy]

That's what my DH has said, that it would be unlawful of them to keep the money, but I honestly don't know if that's the case as ultimately I made the mistake? Obviously I would prefer not to involve the police and sort this amicably, but also I can't really afford not to get it back.

The person is in the UK.

I emailed again today with more information and offered to provide proof of who I am etc. but if they don't respond then I'm a bit stuffed. Also asked them to contact PayPal if they don't feel comfortable dealing with me (which I can understand!). I can't contact them from "within" PayPal so I can understand that it might seem dodgy, but then they've received a sum of money they weren't expecting from a stranger, I know I'd be wanting to pay it back in their shoes.

I feel sick!

[ManyCrisps]

There’s no way them keeping the money is theft

[lilmrschatty]

People regularly send me money on PayPal by mistake, I think I must have a common username or something. I was very worried the first few times that it could be a scam, and it has only ever been for a small amount of money. I just use the refund option on PayPal to send the money back. If you just ask the person to do that hopefully they will be reassured it isn't a scam as it stays within the PayPal system. I'd never pay someone back directly into their bank account. If they still won't pay you back I'd try the police. Good luck.

[SageMustard]

I was sent £15 by someone by mistake a few weeks back. When I got the notification I assumed it was a spam email and just ignored it.

A few days later the sender contacted me multiple times, in quick succession, requesting the money with just one message ‘sent by mistake’. A few hours later PayPal contacted me to let me know that I should just refund it rather than pay the money request. I got read all these emails in evening when I got in, logged in without using any links realised it was legit and refunded it. I think it was sent F&F too so PP will sent out an email to recipient even if they don’t directly take money back.

Just sharing to give you to give you insight as to why an honest person may have delayed returning it. I was pretty annoyed at the rude message and lack of apology at wasting my time but, yes, of course, I returned it.

Good luck OP!

[Judashascomeintosomemoney]

It is theft.
www.legislation.gov.uk/ukpga/1968/60/section/24A

[MyDcAreMarvel]

It is theft, email them again and ask them to refund rather than pay you.

[Judashascomeintosomemoney]

Oops posted too soon. There have been a couple of cases recently where people have been paid money in error by a bank or employer and failed to return it ending up being charged. I’ll try to find a link if possible but I can’t see why the theft act wouldn’t apply just because you’re an individual rather than financial entity.

[PutItAwayDear]

Was it from your PayPal funds or from a card linked to your PayPal? If it's coming from a card, contact your bank NOW and try to get the payment stopped

[PutItAwayDear]

forums.watchuseek.com/f2/paypal-buying-using-friends-family-4627639.html

[maddening]

I am sure that under psd2 regs that came in in January they have to provide a certain amount to assistance to recover the funds.

[ruthieness]

s3 theft act 1968 says keeping something you innocently acquire can be theft

"Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner."

[maddening]

5.1.15 R …
(2) Where incorrect payment routing information has been provided to a
firm in respect of a payment:
(a) BCOBS 5.1.16R and BCOBS 5.1.17R do not apply in relation
to that payment; and
(b) the firm must make reasonable efforts to recover the funds
involved in the transaction; and
(c) if the firm is unable to recover the funds it must, on receipt of
a written request, provide to the banking customer all
available relevant information in order for the banking
customer to claim repayment of the funds.
(2A) A firm that is in receipt of funds as the result of the provision of
incorrect payment routing information by a banking customer must
co-operate with the firm that is seeking to recover the funds, in
particular by providing all relevant information for the collection

[newplacenofriends]

You don't have much of a leg to stand on getting it back. On my bank move money/payement page (I know this isnt paypal but similar thing i guess) it clearly says if you put the wrong account number in you can't get the money back. I know someone who made the mistake with a bank payement and unfortunatly lost tens of thousands (with months and months of battle with the bank, they eventually got £500 back from the tens of thousands but that was it). Sorry :( maybe paypal will be better with it than a bank eventually?

[maddening]

This is an extract from the fca handbook update in the psd2 policy statement

[PrivateDoor]

I should think the fact they replied at all is positive, I would think if they intend to keep it they wouldn't reply. Be patient, they may be busy and hopefully will make contact again with you. As others have said, make it clear they only need to hit refund, maybe link them to paypal FAQ's in relation to this if such a thing exists?

[Eliza9917]

Maybe they are really really skint and this was a godsend from the universe and they will transfer it back on payday?

[NewNameDueToMyIdiocy]

Thank you to everyone who has replied, especially those who have given info and links for me to check out. I REALLY appreciate it. I also appreciate that no one has called me an idiot yet! I'm feeling rather sorry for myself.

When I spoke to PayPal today they really more or less said they couldn't do anything - they'll only discuss it with the person if the person contacts them. So the psd2 information is particularly interesting. I know PayPal contacted the person about the (now closed) dispute I raised, as the person told me this. They also said they had been instructed by PayPal not to act and to "await further instructions" (or words to that effect)... but from speaking to PayPal today there won't be any further instructions forthcoming from them.

I did pay by card, but unfortunately the payment has now left my bank account. It wasn't known to me for a day or so that I had sent money to the wrong person. I wish I had thought of contacting my bank though!

I do agree that the fact the person has responded to me at all is a good sign, so I probably need to wait a few days and see if they respond again. It's just unnerving not knowing what's going to happen. I hope my email to them wasn't rude, it was apologetic and polite (if a little panicked in tone) I think!
I don't know if they will have a refund button by a F&F payment? I don't have one next to such payments in my account that I can see. I have obviously made it clear that I would only expect the money returned to me via PayPal account, not another means as that would be very dodgy!

I guess now it's a waiting game, but at least I can be doing some research in the meantime. Thank you all again.

[NewNameDueToMyIdiocy]

Oh actually, I have just found the refund button. So they can simply refund it. God I hope they do!

[PutItAwayDear]

If it was from your card then the bank can do a chargeback even after its left your account. Honestly ring the bank now!

[Puzzledandpissedoff]

Is it possible - if they think it's a scam - that they might be waiting for the payment to "clear" in their bank account? In other words, trying to make sure that you can't take the first payment back after they've refunded you?

They're probably honest but worried too; you hear of so many scams that it's understandable if they want to make absolutely sure they won't lose out

[WaitingForSunday17]

Send them a link to the thread!

[Walkingdeadfangirl]

If some random person sent me hundreds of pounds followed by an email to refund it I would 100% think it was a Nigerian scam. I would not be acting in haste to send it back and would be very pissed about the hassle involved in finding out what the truth was.

Really dont know how I would be convinced to refund it if Paypal told me to "await further instructions". Maybe ask them to contact the police for reassurance.