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I have a big problem, and am unable to resolve the matter I…

Customer Question
Good morning, I have...

Good morning, I have a big problem, and am unable to resolve the matter I have made a payment to Dions Wired, via Internet, on 20 October 2017

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Gauteng

Lawyer's Assistant: Has anything been filed or reported?

Yes. To both Absa and FNB4 I have made a payment to Dions Wired but it was an incorrect EFT payment. The amount was a settlement amount of R22 329.92

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I have lodged a complaint at FNB with my personal banker, whom advised me that I must handle the matter myself. I phoned ABSA yesterday, and they say that I am the 3rd party, and may not act. the matter should be handled between Absa and FNB Now whom is correct, and how do I retrieve the money. It was paid into a ABSA CC

Submitted: 8 months ago.Category: South Africa Law
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Answered in 7 minutes by:
11/17/2017
Lawyer: Freddie Lombard, Attorney replied 8 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Lawyer: Freddie Lombard, Attorney replied 8 months ago

What do you mean you made an incorrect EFT?

Regards

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Customer reply replied 8 months ago
According to Dion Wired, the account in which I have made the payment in, was not there account.
Customer reply replied 8 months ago
See my payment. It was my own stupidity
Lawyer: Freddie Lombard, Attorney replied 8 months ago

In other words, you paid money into an incorrect account at ABSA?

You meant to pay Dions, but the amount ended up in someone else's account.

That is quite a big problem, and all the banking apps or internet banking sites warns and asks whether you are sure the details are correct, because once you click on the pay button, the transaction cannot be reversed.

Now, it is so that whomever received the payment is not allowed to use the money because it is not their's to use, but this still causes you some problems. You will have to wait for the banks to sort this out - and it could take some time. ABSA will have to trace the funds to the person who received it, and then get them to return the money to your FNB account.

Unfortunately, people do not always do the right thing, and if the recipient is not a person of strong moral conviction, he/she may refuse to give your money back. This would amount to a criminal offense on their part. If the person refuses, you will have to take the matter to Court. The recipient's bank is not allowed to disclose the identity of their client to you and so, you will have to fist get a Court order to force the bank to give you the details of their client.

Then, once you have established the details of the recipient of the money, you will have to sue that person for repayment of the money. This could potentially become very costly since the person my live in a jurisdiction far from you, and you will then have to issue the summons from the Court where that person lives and/or works.

Here are some articles you may find interesting.

https://www.iol.co.za/news/south-africa/internet-bankers-pay-attention-1119561

https://www.news24.com/Archives/City-Press/Are-you-a-thief-if-you-keep-money-mistakenly-paid-in-your-account-20150429

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind asto rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 8 months ago
The money was paid into the ABSA CC suspense account, and not allocate yet. Does that make a difference?
Lawyer: Freddie Lombard, Attorney replied 8 months ago

I am not sure what you mean by ABSA CC suspense account?

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Customer reply replied 8 months ago
ABSA Credit Card suspense account
Lawyer: Freddie Lombard, Attorney replied 8 months ago

Well, the question is not where the money currently is, the question is which account did you specify the payment to be made to.

The bank has to complete that transaction.

If the money is in a suspense account, but is to be paid to a specific account (the one you specified) the bank cannot reverse the transaction without the end recipient's consent.

If you have ever heard of the Nigerian 419 scams, you will understand why.

Regards

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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