Capitec transfer to wrong account

aleksandar said:
Thanks for all the posts.
This is latest info.
Got her Capitec whatsapp number to contact bank, they did notify account owner about error however account owner emptied account (WTF), she was advised to go to small claims court.
It was cash deposit not eft transfer that I thought originally and it was for stokvel.
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A not insignificant portion of the Capitec user base are people who sit on mostly empty accounts. So, when a "windfall" appears they clean the account out. There's no recourse as they don't work and have no way they can pay you back.
 
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Devon101 said:
mybroadband.co.za

It is theft to spend money that is accidently sent to your bank account

If you spend money that you know is not yours, it is theft, states a consumer expert.
mybroadband.co.za mybroadband.co.za
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Did you read the case (and the underlying Nissan case) and see the amount of legs that statement it based on? It is not automatically theft.

Edit: What I mean is, and was hoping to get more insight to, is on the principle that lead the supreme court to state that it 'constitutes theft', being somewhat different to 'is theft'? Going even deeper, in the S v Graham case they landed on the same conclusion, but that was a cheque that the individual went and cashed. Bit different to just getting the EFT.
 
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there is no case, sorry to say you are wasting your time.. the "recipient" can just say he sold something to her, and that's the end of it unfortunately. She can spend days / weeks / months going to police stations, court rooms, debt collectors, witch doctors and porn stars but the money's gone..

out of interest, how much did she lose?
 
ld13 said:
Did you read the case (and the underlying Nissan case) and see the amount of legs that statement it based on? It is not automatically theft.

Edit: What I mean is, and was hoping to get more insight to, is on the principle that lead the supreme court to state that it 'constitutes theft', being somewhat different to 'is theft'? Going even deeper, in the S v Graham case they landed on the same conclusion, but that was a cheque that the individual went and cashed. Bit different to just getting the EFT.
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People are confusing payment rules with criminal law here. Under EFT credit push rules the payment can't be reversed. Under criminal law the recipient can be prosecuted, however getting the case going in the legal system will be a difficult and if it went to someone who has no assets it unlikely to be fruitful
 
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Wrath of Khan said:
there is no case, sorry to say you are wasting your time.. the "recipient" can just say he sold something to her, and that's the end of it unfortunately. She can spend days / weeks / months going to police stations, court rooms, debt collectors, witch doctors and porn stars but the money's gone..

out of interest, how much did she lose?
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R2000
 
Wrath of Khan said:
there is no case, sorry to say you are wasting your time.. the "recipient" can just say he sold something to her, and that's the end of it unfortunately. She can spend days / weeks / months going to police stations, court rooms, debt collectors, witch doctors and porn stars but the money's gone..

out of interest, how much did she lose?
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There is a case, it might just be a waste of time perusing it.
 
Bliksis said:
So next step, go to the police and tell them someone stole your money. But who...
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Bad, bad, advice. That would be a lie, and can open you to a charge of attempting to defeat the ends of justice, as well perjury if the statement to the police is under oath.

No-one stole her money. There can be no assumption of criminal intent on the part of the recipient - they might well be expecting deposits from various persons and thus withdraw the funds in good faith. You can't possibly know that, so alleging that they stole your money is a very serious falsity.
She claims she gave money to someone she claims she doesn't know. She claims it was an error. How does the bank know that's true? There might well be an underlying contract (verbal or written) between the parties ... and until it's proved that there isn't (hard with a verbal contract) the bank cannot simply reverse a payment instruction properly and legally received. Neither can it disclose the names of its customers without proper cause. Neither can the bank willy nilly remove money from someone's account because someone else alleges unjust enrichment.
 
Arthur said:
Bad, bad, advice. That would be a lie, and can open you to a charge of attempting to defeat the ends of justice, as well perjury if the statement to the police is under oath.

No-one stole her money. There can be no assumption of criminal intent on the part of the recipient - they might well be expecting deposits from various persons and thus withdraw the funds in good faith. You can't possibly know that, so alleging that they stole your money is a very serious falsity.
She claims she gave money to someone she claims she doesn't know. She claims it was an error. How does the bank know that's true? There might well be an underlying contract (verbal or written) between the parties ... and until it's proved that there isn't (hard with a verbal contract) the bank cannot simply reverse a payment instruction properly and legally received. Neither can it disclose the names of its customers without proper cause. Neither can the bank willy nilly remove money from someone's account because someone else alleges unjust enrichment.
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I should have added an emoji to indicate my tone.

I was actually trying to say, how are you going to know who got your money? Give the account number to the police?

LOL
 
Anyone know if any institutions are introducing something like alipay or wechat pay where you can make payment via the recipient's QR code? I suppose there would be quite a few people that finds themselves in this scenario as the maid daily, and such app or payment method would eliminate such error and makes life simpler.
 
kota said:
Anyone know if any institutions are introducing something like alipay or wechat pay where you can make payment via the recipient's QR code? I suppose there would be quite a few people that finds themselves in this scenario as the maid daily, and such app or payment method would eliminate such error and makes life simpler.
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Google Payshap - QR codes only work face to face
 
Tim_vb said:
Google Payshap - QR codes only work face to face
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Thx, so it doesn't work with screenshots of the QR code or have a QR code 'share' function like the other apps? It's a bit inconvenient if it only works face to face.
 
aleksandar said:
R2000
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Unfortunately the best and only logical course of action is here is to accept defeat, accidents / mistakes happen. There is no point in her wasting more time and money chasing after a dead horse, taxi fares + days taken off work etc to chase after this, I promise you it will come to nothing unless the other person returns the money out of good faith (they never do!)

She must let this one go, and in future ask someone to help her double check her payments or how to set up a beneficiary.

It would be the same as if she was cleaning and broke a TV in your house, accidents happen and you're out of pocket from the insurance company for the excess, then you just move on... the sooner she moves on the sooner the pain stops.
 
That’s why the bank has a screen before you transfer to ensure that all the details are correct. What kind of tool still gets this wrong?
 
zulucat said:
That’s why the bank has a screen before you transfer to ensure that all the details are correct. What kind of tool still gets this wrong?
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Those
images
, that are tired/dyslexic...
 
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