To expect this tradesman to give my money back

[bankerror]

3 weeks ago I paid a bill on my electronic banking. 2 weeks later I got a phone call asking why I hadn't paid the bill.

I discovered to my horror that I had paid another company by mistake (a local tradesman who last did some work for me 9 months ago).

I contacted the said tradesman, explained my error and they said they would transfer the money back to me. I gave them my bank account details.

Now a week has passed and they have still not done it, despite me phoning and emailing them several times to ask when it would be done and being drip fed various stories e.g. they needed to speak to their accountant, they needed to set me up on the electronic banking etc etc.

I am beginning to loose patience (the sum involved is over £1k) and obviously, as I have had to pay the original bill in the meantime, I am financially compromised.

How much longer should I wait until I threaten them with court action?

7 days notice of Court Action is what I would give them. Hope you get it back before you actually have to carry out the threat.

What did your bank say when you spoke to them?

If you are phoning and emailing them several times you are probably beginning to piss them off.

It wasn't their mistake, it was yours, therefore you are unlikely to be their priority. Agree that they may not have the money to pay you back immediately.

I think you need to be nice to them seeing as you need them to do you a favour.

MCOL (money claim online) - 35 quid court case.

your mistake, your inconvenience I'm afraid!

you'll get more cooperation being nice and apologetic to them about it rather than nagging them all day long!

The bank said that they can put a trace on the money with the other bank. I said that I'd wait to give them a chance to pay it back.

The fact that they might not have the money is what worries me. Irrespective of the fact that it was my mistake I am surprised that someone can have over £1k in their bank account for 2 weeks that doesn't relate to any outstanding invoice and not notice it especially if they are overdrawn.

I have been nice to them apart from this evening when I got slightly cross as I am very worried about it. On all other occasions I have been polite and actually almost in tears on Friday. When I first phoned they said straightaway that they'd send it back and took my bank details.

Maybe I should tell them I have been told by my bank that I need to officially log it as outstanding and that may spur them into action. Or should I ask them outright if they can't repay it and ask them to repay in instalments.

Ask your bank to do an indemnity claim and claw the money back

The bank won't do anything to help apart from maybe forward correspondence for you but you already know who the payment has gone to. The only way may be through the courts.

I haven't been nagging them all day long - after the initial call I've only phoned them to follow up promises that they had made to repay it.

I suppose I'm asking here - how long is a reasonable time to wait before ramping up the action - another day? another week?

bankerror

I am surprised that someone can have over £1k in their bank account for 2 weeks that doesn't relate to any outstanding invoice and not notice it

That's nothing - I've attempted to reconcile bank accounts where they've been missing £150K, built up over 15 years. It's a regular occurrence to find £20K-30K deficit, and we're not talking massive companies here, under half a million annual income.

YANBU, but rather than asking your bank to put a trace on it, ask them to place a 'recall'.
A trace will just tell you where the money is, and you already know that. A recall should result in the recipient's bank sending the money back (assuming there is sufficient in the tradesman's account) as it was instructed in error.

its probably too late to recall the payment as it happened a couple of weeks ago. You will now have to rely on the goodwill of the recipient to get the money back. The bank can only trace the payment and forward letters, they cannot force the recipient to give the money back.

www.bbc.co.uk/programmes/b006mg74/features/bank-digit-errors

I would of given them a maximum of a week to give your cash back.

Go into them and ask them for a cheque? Or go in and trt sort it? Sometimes face to face is the best way as on the phone can be out od sight out of mind

Lots of small businesses only do their books once a month. I know quite a few tradies that are just not interested in that side of the business, so it gets put off until the end of the month when it has to be done.

Hi ilove that's interesting, my understanding is that banks are entitled to recall funds sent in error for up to a certain number of years (think it's six) after sending. The challenges come in if the end bank account no longer has the funds to return (which hopefully isn't the case here and it's more like Midnight's experience.

The bank won't do anything - its not their error. You authorised the transaction. The only way you will get your money back is dealing direct with the company. Hopefully they'll play ball otherwise its going to be time for the small claims court.

The bank can't recall it, not an error.

I read a similar thread on here a couple of weeks ago and it said they don't have to give you your money back!

So definitely be nice. And find out if it's true.