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Mistakenly sent money to wrong credit card account

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  1. #21

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    Original Post Deleted
    Eamon92 = plaintiff
    SC entity = defendant because Eamon92 wired the money to SC (via agent HSBC).

    The money was wired to an account c/o SC but he can still sue SC as principal as step 1. SC would have to respond to the claim either (1) by denying liability because it is agent acting on behalf of the accountholder (undisclosed principal), then they would have to rope him in (and expose his identity) or (2) suck it up and say they are principal and hopefully settle with plaintiff. If it was a CC account, then chances of (2) is tiny bit higher because SC would have been the ones who "took" the money.

    Or that was what I was thinking how it might work. Because he won't get to know accountholder from FDRC too.
    Last edited by HSY; 22-04-2022 at 10:57 PM. Reason: typo

  2. #22

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    Original Post Deleted
    I agree too that they won't disclose no matter what. Also agree SC not at fault but if you don't treat SC as the principal, then there's limited options for getting back the money. At the time of the transfer, SC was the principal because Eamon92 thought it was a wrong account so there was no real beneficiary intended on his part.

    Also SC should be able to reverse the credit unilaterally, return the money and get it back from its accountholder - its banking terms should be wide enough for that but it's not doing it. Again, not their fault but if you only want to get the accountholder and not SC, the only way to do it is by putting SC on the spot.

  3. #23

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    That would be against the law.
    For a credit card account? Any balance in the account would be used towards any amounts owed the bank whether under the CC or any other accounts owed to the bank by a customer - which I'm assuming if a CC account was what happened. SC would only be returning part of it that the CC holder didn't pay for back to original payor. It's not illegal for them to return money they mistakenly took for payment or to recharge the original CC account for a debt it didn't pay.

  4. #24

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    Original Post Deleted
    Heh no actually they're doing it right. If I were their lawyer, I would tell them they don't need to give a toss. Again, I never said they were at fault for not returning the money. Neither me nor the original CC accountholder has to return the money. But I also feel a bit sorry for the OP for a genuine fat finger error. The HK$1k filing for FDRC, he's going to get the exact same response as right now and waste his time - at least the small claims filing fees are alot cheaper.

  5. #25

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    Update: A couple of weeks ago I got an email from the bank telling me that the transferee finally granted consent for the reversal of funds. I checked my account and it was indeed reversed.

    In the end, the most effective tactic was to continuously hassle the bank via different means (phone calls/emails/letters/in branch) which did the trick. I think the police report was a useful piece of paper to wave around. Although the police didn't do much beyond that, the accumulation of paperwork was definitely useful when speaking to people.

    I'd like to thank you guys n gals ITT for the advice provided, it was a happy ending after all.

    shri, bdw, TheBrit and 6 others like this.

  6. #26

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    @Eamon92 - thanks for updating and well done.


  7. #27

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