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Banks are companies that everyone can't avoid, and bank-related problems can sometimes be a headache.
We used to complain about bad banking services. Now banks are also constantly upgrading. With the continuous advancement of technology, many aspects have been replaced by technology.
Even if banks don't need to improve their services, a variety of modern technologies have replaced traditional services. Such as ATMs, online banking, third-party payments, etc.
Therefore, the fast era calls for fast service. Of course, fast means too fast to catch up. Once there are some errors.
In reality, many people often send red envelopes on WeChat, and there will be the phenomenon of sending the wrong red envelopes; When you transfer money through online banking, you can also transfer money to someone else by mistake. What should we do in these situations? In particular, how to recover the wrong bank transfer?
There are two ways in which a bank transfer error can be made within an hour:
1) At present, bank cards, whether through online banking or ATMs, have the function of canceling transactions within 24 hours. Once an error is found, you can cancel the erroneous transfer through this feature and the bank will return the transferred funds to your bank card.
2) If you find that the function is not activated on the bank card, at this time, you should call the customer service directly through the bank's official customer service** to tell you that the transfer is wrong and you want to terminate the transfer. The bank receives a signal from you to terminate the transaction and will help you solve the problem in a timely manner.
Note that whether it is a remote transfer or an inter-bank transfer, you can take the above actions to reverse the transaction and recover the money.
2.If there is a mistake in the bank transfer after more than 24 hours, there are two things to be aware of:
1) If it is an acquaintance, just go directly to the other party to recover it. If it doesn't work, let the bank chase it back. If it cannot be recovered, it must be taken through legal means.
2) If it is a stranger, call the bank first, find the customer service staff to help coordinate, find the bank card holder, and ask him to repay the money; If not, you can choose to call an alarm and let ** coordinate and solve. If not, you have to go through legal means to resolve the funding issue.
3.Bank transfer error, is human error. Funds are generally returned in the same way.
The first two cases are the wrong person to transfer the money, that is, in very coincidental cases, it is rare to transfer your username and card number to the other person's card, which means that it will happen to your transfer account by default. After all, online banking transfers now require card numbers, user names, and bank addresses, and there are basically no exact duplicates.
We are talking about another situation, which is more common, that is, the other party's bank card number, user name, and bank address are filled in incorrectly, which means that the funds you transfer cannot reach the other party's card at all. If this bank transfer is wrong, the bank will check and if it finds an error, it will refund the transferred funds.
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Can be undone.
Starting from December 1, 2016, customers who transfer funds through ATMs will be able to transfer funds within 24 hours of acceptance, except for transfers to their own bank accounts. If the transfer account is a certain bank card, within 24 hours of acceptance, the customer can apply to the bank to cancel the transfer through the counter or call customer service**.
The self-service terminal can transfer up to 50,000 yuan a day, and the ATM transfer steps:
1. Insert the bank card into the ATM machine and enter the password to log in;
2. Select Transfer, enter the payee, and click OK;
3. Confirm the payee, enter the transfer amount, and click OK to complete;
4. The maximum transfer amount of ATM transfer is 50,000 yuan per day.
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If the person transfers the wrong money at the ATM, the money can usually be returned. The parties can get the money back through negotiation with the other party or litigation. The transfer obtained by the other party is unjust enrichment, so the party concerned can request the gainer to return the benefits obtained.
1. Can the debt of unjust enrichment be transferred?
Debts of unjust enrichment may be assigned. The debt of unjust enrichment means that if the gainer has obtained an improper benefit without legal basis, the person who has suffered a loss may request the gainer to return the obtained benefit. If the creditor transfers the debt of unjust enrichment, it shall notify the debtor.
Legal basis. Article 985 of the Civil Code of the People's Republic of China.
Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request the gainers to return the benefits obtained, except in any of the following circumstances:
1) Payments made for the fulfillment of moral obligations;
2) Repayment of debts before they become due;
3) Settlement of debts knowing that there is no obligation to pay.
If you find that the WeChat transfer is wrong, you should first contact the other party in time as soon as possible, explain the situation to the other party, and ask the other party to return it, and the other party also has the obligation to return. However, if the other party refuses to return the money even though it is known that the wrong money was transferred, you can also negotiate with WeChat customer service first. If the negotiation still fails, you can file a lawsuit with the court to protect your rights in accordance with the law.
However, if you do not tell the other party that the wrong money was transferred, then the other party will not be legally responsible and will not need to return the money.
3. Whether unjust enrichment can confiscate property.
Unjust enrichment cannot be confiscated property. The law clearly stipulates that if the gainer obtains improper benefits without legal basis, the person who suffers losses may request the gainers to return the benefits obtained. As to whether a state organ can confiscate property in the context of unjust enrichment, the law does not make clear provisions, and from the perspective of the legislative spirit, if the law does not provide for it, the state organ may not derogate from the interests of the parties, so it seems that unjust enrichment cannot confiscate property.
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If you transfer the wrong money at an ATM, you can get the money back. The parties can get the money back through negotiation with the other party or litigation. The transfer obtained by the other party is unjust enrichment, so the party concerned can request the gainer to return the benefits obtained.
Legal basis.
Article 985 of the Civil Code of Service Rent.
Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request the gainer to return the confiscated benefits, except in any of the following circumstances:
1) Payments made for the fulfillment of moral obligations;
2) Repayment of debts before they become due;
3) Settlement of debts knowing that there is no obligation to pay.
Article 986.
If the gainer does not know and should not know that the benefits obtained have no legal basis, and the benefits obtained no longer exist, he shall not bear the obligation to return the benefits.
Article 987.
Where the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request the gainers to return the benefits they have obtained and compensate for the losses in accordance with law.
Article 64 of the Civil Procedure Law of the People's Republic of China.
It is the responsibility of the parties to provide evidence for their own claims.
Article 120.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
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