Registration officer

** ******** ****

To: Ms Risuna Mabasa

From: Ms Wendy Mbelekane

SAVINGS ACCOUNT NUMBER: 169*******

OUR REFERENCE NO: INCIDENT 77853418

I refer to your complaint regarding a transfer processed to an incorrect Capitec Bank savings account and your request for a thorough investigation to be done with regard to this matter as well as your request to be reimbursed the full claim amount of R 600.00 (Six hundred rand). Summary of complaint

On 30 October 2020, you transferred R 600.00 (Six hundred rand) from your Capitec Bank savings account: 169******* to another Capitec Bank savings account via our Remote Banking APP. Investigation

On 3 November 2020, at 08:01 AM you reported that the funds had been transferred to an incorrect account holder. We investigated your claim of incorrect transfers and found that the amount of R600.00 (Six hundred rand) via Remote Banking APP. Under normal circumstances when an incorrect transfer is processed, and a client requests that we assist them in returning the funds that have been transferred, a transfer recall request would be processed. This however is not always a successful method as the bank requires the consent of the incorrect recipient/beneficiary as to whether or not the funds may be returned. Should the recipient/beneficiary refuse; or is uncontactable or there are insufficient funds available (i.e. funds have been utilised by the recipient/beneficiary); the transfer recall will be “unsuccessful”. In your situation we attempted numerous times to get hold of the incorrect recipient/beneficiary; regrettably, no consent was obtained to return the funds to your Capitec Bank savings account and the transfer recall was “unsuccessful”.

Liability

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Capitec Bank cannot be held liable for an incorrect transfer on our clients’ accounts under circumstances where the Bank was neither a party to the transaction(s) nor in a position to prevent it.

You may pursue this matter via a civil case by reporting the incident to the South African Police Services (SAPS) as an Unjustified Enrichment matter. If you have lodged a case with SAPS then they will conduct an investigation to recover the funds from the incorrect recipient/beneficiary as this person was unlawfully enriched. Alternatively, you may also pursue the matter via the Small Claims Court.

The SAPS investigator may contact Capitec Bank and obtain all information on the account holder, however SAPS is required to do so via a Section 205 Subpoena. This will assist them in tracking down the incorrect account holder in hope of recovering your funds directly from the incorrect recipient/beneficiary.

Conclusion

We regret that we cannot assist you further in this regard and understand if you would like to take the matter further. Even though we have the utmost sympathy for your situation, we regret to advise that in these circumstances, Capitec Bank is not liable to refund you. Yours faithfully,

Wendy Mbelekane

COMPLAINT MANAGEMENT

T 086*-**-**-** F 086*-**-**-**

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