Have you transferred money to the wrong account number? Contact your bank immediately and ask which recall procedure is available. A completed bank transfer usually cannot be reversed in the same way as a direct debit. The role of the bank and a claim against the recipient must be assessed separately.
Nederlands: Lees dit artikel in het Nederlands: Geld naar een verkeerd rekeningnummer overgemaakt
Türkçe: Bu makaleyi Türkçe okuyun: Yanlış hesap numarasına para gönderildi
Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
Typing error or fraud?
An incorrectly entered IBAN, a forged invoice and a payment made by someone else without your consent are different situations. Describe exactly how the payment came about. Keep the original invoice, the e-mail headers, the payment order and any warning you received about a mismatch between the name and the account number.
In the case of invoice fraud, it must also be established who you were in contact with and what verification took place. A changed account number in an e-mail is not automatically a valid change made by your supplier. The contractual responsibility between you and your supplier may play a role alongside the question of the bank’s position.
What can the bank do?
Ask for a recall request to be submitted and for information about the next steps. The bank cannot, in every situation, debit money from the recipient’s account without consent or a legal basis. Privacy rules may also limit the disclosure of personal data.
The rules on payment services contain provisions on execution on the basis of a unique identifier and on the efforts required where an incorrect identifier was provided; see Book 7 of the Dutch Civil Code (BW), title on payment services. The specific obligations depend on the payment method and the facts.
Holding the recipient to account
If money was paid to the wrong person without a legal ground, a claim for undue payment can be considered. This requires the recipient to be identified, and it must be clear that there was no valid ground for receiving the money. See Article 6:203 of the Dutch Civil Code.
A formal letter of demand may be sufficient if the recipient cooperates. If the recipient refuses, legal proceedings and, where appropriate, measures to secure recovery can be considered. Costs and recoverability are important: a right that a court would uphold is not the same as money you can actually recover.
When the bank may be liable
If the bank executed the order differently from how you gave it, or breached specific obligations, a separate claim against the bank may be possible. That must be distinguished from a correctly executed order in which you entered the wrong number yourself.
Ask for the original payment details and a timeline of your reports. Record when the bank became aware of the error and which options were still available at that time. Any complaint against the bank must match what the bank could actually have done.
Frequently asked questions
Can I reverse a bank transfer?
Not in the same general way as a direct debit that qualifies for reversal. Ask immediately about the recall options for your payment.
Is the recipient allowed to keep the money?
If there is no legal ground for the payment, repayment may be owed. The facts and any defences must be assessed.
Does the bank always have to give me the name?
The disclosure of personal data is subject to conditions. Ask which procedure is available to make a repayment claim possible.
What does Arslan need?
Proof of payment, the original payment order or invoice, your reports to the bank and the bank’s replies.
Read also about bank fraud and complaints against your bank.
Have us assess which recall or repayment route is available for your transfer.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
