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Bankers draft

Posted: Mon Jul 11, 2022 11:57am
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Posts: 13

Location: Benimar

Joined: 21 Apr 2021

What happens when a bankers draft from house sale gets sent to the wrong I ban number. Lawer made mistake but is trying to blame others she had right number her mistake. This happens om the 1st of july and all I'm being told is no worry. 

Posted: Mon Jul 11, 2022 12:29pm

Darro

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Posted: Mon Jul 11, 2022 12:29pm

It goes to whomever that A/C belongs to and I'm not sure there is anything to make them give it back.

If your lawyer had the correct IBAN then it's absolutely their responsibility to immediately reimburse you and their problem to get the money back from wherever it's gone.

Posted: Mon Jul 11, 2022 2:07pm

Kimmy11

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Posted: Mon Jul 11, 2022 2:07pm

Hi Margaret,

This is the official position, as stated on the Bank of Spain website:

https://clientebancario.bde.es/pcb/en/menu-horizontal/productosservici/serviciospago/traspasostransfe/guia-textual/conceptocaracter/No_autorizadas__6f29071cbf28d51.html

I assume you have evidence in writing that you gave your lawyer the correct IBAN?  If you've used a bona fide lawyer, they will be registered with the Colegio de Abogados (probably Alicante branch) and, as such, must have Professional Indemnity Insurance, so if the money is not returned by the incorrect recipient and your lawyer is not in a position to repay you herself, she will have to make a claim on her PII for your reimbursement.  Check her letterhead or email signature block for her Colegio registration number; if it's not included, ask her for it - that in itself may prompt a more effective response from her than "no worry".

Good luck and please do let us know how you get on.

Kind regards,

Kim

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