I will ask Brendan to put up a prominent warning on the site regarding incorrect account numbers (both IBAN and domestic account numbers), as the legislation has changed since last November.
Until November last, the use of account numbers had no basis in legislation, although they had gained considerable validity due to custom and practice. In those circumstances, there was an obligation on the receiving bank to check both the account name
and the account number before posting a lodgment or credit transfer, whether domestic or cross-border. In the event of failure of those checks, the customer had a right of redress.
The situation was changed by the
EUROPEAN COMMUNITIES (PAYMENT SERVICES) REGULATIONS 2009, which came into force in November last, which reads:-
Incorrect unique identifiers.
89. (1) If a payment order is executed in accordance with the correct unique
identifier, the payment order is to be taken to have been executed correctly so
far as the order required payment to the payee specified by the unique identifier.
(2) If a unique identifier provided by a payment service user is incorrect, the
payment service provider concerned is not liable for non-execution or defective
execution of the relevant payment transaction. However, the payer’s payment
service provider concerned shall make reasonable efforts to recover the funds
involved in the transaction.
(3) If so agreed in the relevant framework contract, a payment service provider
may charge a payment service user for recovery.
(4) If a payment service user provides information additional to the information
or unique identifier that must be provided by the user for a payment
order to be properly executed, the payment service provider concerned remains
liable only for the execution of payment transactions in accordance with the
unique identifier so provided.
In effect this means that if a transaction is posted by reference to the account number stated thereon, the bank has fully discharged its responsibility and has no liability, even if the account name is different and/or the account number is incorrect. Any obligation which it has to assist in the recovery of funds may be subject to charges (It is unclear whether such charges would require prior approval from the Financial Regulator).
So the message is..... Take great care to check and double-check account numbers before transacting