For the Manawatu Caravan Club. for the Manawatu Caravan Club which is located in Foxton. Recently I made a payment by

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Customer: Hi there I am Treasurer for the Manawatu Caravan Club.
JA: What state are you in? It matters because laws vary by location.
Customer: I am Treasurer for the Manawatu Caravan Club which is located in Foxton. Recently I made a payment by internet banking to Jumpflex for $2,400 which ended up inthe wrong bank account. When it was realised that the payment had been made to the wrong account, I asked our bank BNZ to see if they could retrieve the funds on our behalf from the Westpac recipient. I was informed that Westpac were unable to get hold of their customer so the payment could not be returned. I then requested that BNZ retry, and asked that they try to see if they could get the name of the account that the funds were paid to so we could try and contact the person. We were then advised that Westpac could not retrieve the funds because they were no longer in their customers account. I then approached the Bankers Assn to see if they could assist, but was informed that because the error was mine and that "we all make mistakes from time to time" there was no way we could get the funds back. I am a little concerned that there is no process for retrieving payments clearly made to a wrong account number, and am hoping that there may be some way of retrieving our funds? Look forward to hearing you view on this please.
JA: What steps have you taken so far?
Customer: I have discussed with BNZ twice to ask them for assistance in getting the funds bank, and also emailed NZ Bankers Assn
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have copies of the transaction etc if I am able to send these to you
Answered by Chris The Lawyer in 1 hour 1 year ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

You can complain to the Police that the person who received the funds has wrongfully kept the money and ask them to investigate. If the police will not do that you may need to try to sue the person who received the funds and get a judgment. You could ask your bank and Westpac to provide the account holders details so that you could recover the money in court

Customer
Thanks for that, the Banks have both advised that under the Privacy act they are unable to provide me with the recipients details, so I assume the Police may be able to get this information?
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Chris The Lawyer, Expert

The police can get that information. The bank can disclose the information where there is fraud however, and if the recipient has wrongfully kept the money then that is a police matter and an exception to privacy

Customer
Thanks, ***** ***** Will call at the Police Station tomorrow. Regards Margaret
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