• Report: #486542

Complaint Review: WACHOVIA Bank

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  • Submitted: Friday, August 28, 2009
  • Last Posting: Saturday, August 29, 2009
  • Reported By: shocked — los angeles California USA
WACHOVIA Bank
www.wachoviabank.com Internet United States of America
  • Phone:
  • Web:
  • Category: Banks

WACHOVIA Bank I sent wire with the wrong information. The name and address on wire was correct but the acct # was wrong. Wire ended up in Wachovia Bank. Wachovia will not return funds even though its obviously an Internet


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Hello Everyone

I recently sent a wire from my bank and wrote the wrong account number in the wire form.  I know my bad.

The name and address on the wire form was correct for the intended recipient. The account number was wrong.   The funds ended up in Wachovia Bank.  Wachovia told me they not return the funds.   It is obviously an error.  The name does not match the account number.   How can they not see that.

I have been getting the runaround talking to person after person at Wachovia Bank.   Supervisor and managers would yell at me and say , again , you are not hearing me, we are not going to return your money.   Why not??


Who treats people like this.  They just do not want to admit fault meanwhile someone has been enriched by my mistake and enjoying some extra cash.


Will never do business with this bank.





This report was posted on Ripoff Report on 8/28/2009 10:03:08 AM and is a permanent record located here: http://www.ripoffreport.com/banks/wachovia-bank/wachovia-bank-i-sent-wire-wit-ec588.htm.

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#1

This won't be easy.

AUTHOR: Flynrider - Phoeix (U.S.A.)

   Wire transfers are very difficult to reverse in most cases.  That is the reason that many payees insist on wire transfers for payment of large sums.  Once the money is in the target account, there are few reasons that a bank can reverse it (unlike credit or debit transactions).  For this reason, wire senders are always encouraged to double check the information before submitting a transfer.

   Wire transfers are governed by the Uniform Commercial Code, section 4A.  There is a section (4A-207) that deals directly with the misdescription of the beneficiary.   Unfortunately for you, that section allows a bank to complete the transfer solely by the account number unless it has positive knowledge that the name and account number refer to different persons.  Here's the exact language :

"if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person."

   Basically, that means that you can't go after the receiving bank (Wachovia) for not verifying that the name did not match the account.   Under the rules, it appears that the only recourse you have is to go after the person who mistakenly received your money.   I imagine that this would probably involve a lawyer in order to get Wachovia to hand over the identity of the account holder.

   If you want to read it for yourself, Google "UCC 4A-207". 


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#2

Not easy at all but...

AUTHOR: Robert - Buffalo (USA)

The UCC MIGHT help you IF your state or the state inwhich the beficiary reside has adopted this particular portion of the UCC.  NOTE:  The UCC IS NOT LAW.  The States have adopted PORTIONS of the UCC and you should check with your State banking commission or similar government agencies to have the monies recovered.

Good luck.

You MIGHT be able to compell the originator and benificiary banks to recover your funds under provision of UCC 4a-207 C:

(c) If (i) a payment order described in subsection (b) is accepted, (ii) the

originator's payment order described the beneficiary inconsistently by name and

number, and (iii) the beneficiary's bank pays the person identified by number as

permitted by subsection (b)(1), the following rules apply:

(1) If the originator is a bank, the originator is obliged to pay its order.

(2) If the originator is not a bank and proves that the person identified by number was

not entitled to receive payment from the originator, the originator is not obliged to pay

its order unless the originator's bank proves that the originator, before acceptance of the

originator's order, had notice that payment of a payment order issued by the originator

might be made by the beneficiary's bank on the basis of an identifying or bank account

number even if it identifies a person different from the named beneficiary. Proof of

notice may be made by any admissible evidence. The originator's bank satisfies the

burden of proof if it proves that the originator, before the payment order was accepted,

signed a writing stating the information to which the notice relates.

(d) In a case governed by subsection (b)(1), if the beneficiary's bank rightfully pays

the person identified by number and that person was not entitled to receive payment

from the originator, the amount paid may be recovered from that person to the

extent allowed by the law governing mistake and restitution as follows:

(1) If the originator is obliged to pay its payment order as stated in subsection (c), the

originator has the right to recover.

(2) If the originator is not a bank and is not obliged to pay its payment order, the

originator's bank has the right to recover.


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#3

That may not apply

AUTHOR: Flynrider - Phoeix (U.S.A.)

Hi Robert,

   I'm familiar with that subsection, but I don't think it applies.  In the OP's case, the originator is the OP's bank, where the transfer originated.  The subsection you quoted refers to originators such as the U.S. Treasury, which is not technically a bank.


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