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Irrevocable payments
Many payments are irrevocable. Only the recipient of the payment can refund it. This applies, for example, to cash payments, iDEAL payments, and account-to-account transfers.
Once a payment service provider (such as a bank) has correctly executed a separate transfer order from a customer, only the recipient can reverse that transfer. If the payer wants to recover the transferred amount, they must request a refund from the recipient themselves.
Unknown recipient
If the payer accidentally entered the wrong IBAN of an unknown recipient when making the transfer, the payer can, under certain conditions, ask their own bank to send a request for a refund to that recipient.
If the payer was defrauded and paid by transfer to an unknown recipient (such as a money mule), the payer can also, under certain conditions, ask their own bank to send a request for a refund to that recipient.
Errors by companies and banks
If a business bank customer has mistakenly submitted a large file with many incorrect transfers to their bank, or if a bank itself has executed one or more transfers incorrectly, there is an interbank Procedure for Undue Payment (POB – Procedure Onverschuldigde Betalingen
in Dutch) to correct those incorrect transfers. This procedure is not for ordinary single transfers that a payer has entered incorrectly themselves.
Requesting a refund
You can always ask the unintended recipient of an incorrect transfer to refund the amount paid, even if you do not have the recipient’s contact details. To do so, send a second transfer of 1 eurocent to the same recipient and ask in the description for the amount of the previous transfer to be refunded.
If you do have the recipient’s contact details, such as a business address, email address, or phone number, you can of course use these to request a refund yourself.
Recipient is a company or merchant
Thanks to the IBAN Name Check, you can always find out the company name when entering a company’s IBAN for a (new) transfer. With that company name, you can look up the company’s contact details via the company’s website or via the Chamber of Commerce .
Recipient is a private individual
You have accidentally transferred money to the wrong private recipient
If that recipient does not respond to a request for a second small transfer to repay you, ask your bank if it can apply the so-called Procedure for Undue Payment or POB in Dutch to request a refund from the recipient.
You have been misled by a fraudster into transferring money to a specific IBAN
Always report this to the police first; you can also do this online with your DigiD. Then ask your bank if it can reclaim the amount from the recipient using the so-called PNBF procedure. This is an interbank procedure that Dutch banks can apply in this situation under certain conditions.
How the POB and PNBF work
Dutch banks that are members of the Dutch Payments Association can, under certain conditions, use the above-mentioned POB and PNBF to request a refund of the transfer amount from the recipient on behalf of a customer, even if that recipient is with another Dutch bank.
The payer’s bank sends a letter to the recipient requesting repayment of the entire amount. The recipient has 21 days to respond, either by repaying the amount or by sending back an objection.
What if the recipient does not respond? After 21 days, the bank may pass on the name and address details of the recipient to its customer. In some cases, the bank is not allowed to provide this information to its customer, for example if it turns out that the recipient is a company that was unintentionally and unknowingly involved in the matter. The bank will then explain this clearly to its customer.
Rules for POB and PNBF
- The payer made an account-to-account transfer themselves via internet banking or mobile banking. A payment by debit card, credit card, or iDEAL is not a transfer! A mobile request-to-pay (such as a Tikkie) is considered a transfer.
- The transfer was made less than 13 months ago.
- The recipient has not refunded the amount.
- The payer does not have the recipient’s address details and the payer cannot easily find this information themselves. The IBANs of the payer and the recipient both start with the letters NL.
- The payment service provider (bank) of the payer and the recipient are both members of the Dutch Payments Association.
An IBAN of the recipient that starts with the letters NL clearly shows which bank (payment service provider) it belongs to. The four letters after NL are the IBAN abbreviation of the bank where the payments account is held.
Additional rules for PNBF (in case of fraud)
In addition to the rules for POB and PNBF that the payment must always comply with, there are two additional rules for PNBF in case of fraud:
- The payer must always first report the fraud to the police. The payer’s bank needs a copy of that report.
- After a purchase via the internet, for example on Marktplaats, the recipient’s IBAN must be on a list of suspicious IBANs held by the police. A payer can check this online with the police(opens in new window) . Does the police indeed issue a warning about the IBAN? Then the payer must provide a screenshot of that warning to his or her bank.
Tip: Have you paid a scammer who pretended to be an acquaintance who needed money via text messages? Then save all messages with that scammer. The bank does not need them, but a lawyer or judge may request them.
After repayment
The bank’s assistance to its customer ends as soon as the customer has received the full amount back. After that, the bank will no longer provide the recipient’s address details.
The bank cannot help its customer claim interest or additional costs or compensation from the recipient.
After receiving address details
The recipient has not made a refund and the payer has received the recipient’s address details from his or her bank. The payer may then do the following with this information:
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Step 1: The payer receives the recipient’s address details
Step 1: The payer receives the recipient’s address details
The payer receives a message containing the personal details of the account holder who received the payment.
- It is not certain whether the name and address are correct. Payment service providers only have address details provided by the customers themselves. The company that assists the payer in step 4 can check whether the name and address details match.
- The payer may only use the recipient’s name and address details to initiate civil proceedings. If a report has been filed, the police will know the identity of the payer.
- It is good to know that in cases of fraud, the recipient of the money is often also a victim of a scammer. The recipient must give the money to this scammer. This is a money mule(opens in new window) . The money mule is usually required by the court to repay the money to the payer. If the money mule wants the money back from the scammer, the payer is no longer the claimant.
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Step 2: Whoever claims must prove
Before the payer can claim money back from the recipient through civil law, it is important to gather evidence. The other party may deny that the money must be repaid. Therefore, keep:
- The report (the official report).
- The statement from your own payments account showing the transaction.
- The letter from the bank with the name, address, and place of residence of the account holder who received the money.
- All communication with the scammer.
Please note: there is no guarantee that the money will be refunded, even if the magistrate rules in favor of the payer. Fortunately, there are organizations that are committed to recovering the money, often with success.
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Step 3: Engage legal representation
Legal representation can be provided by a lawyer or bailiff, for example. The company will request a refund from the recipient on behalf of the payer. If necessary, the payer can go to court to request a refund.
Who to ask for help:
- Check whether your legal expenses insurance(opens in new window) covers fraud. This depends on the policy and conditions.
- There are also lawyers who work on a ‘no cure, no pay’ basis. If they are unable to recover the amount, you pay nothing.
- Specialists in recovering money. They have the recipient of the money pay the costs of their work. Examples include LAVG(opens in new window) , SODA(opens in new window) , and Aansprakelijkgesteld Nederland(opens in new window) . If they are unable to recover the amount, you will not have to pay anything.
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Step 4: The legal representative gets to work
The legal representative checks whether the combination of the recipient’s name and address matches. If not, they check whether this combination was correct in the past.
An official liability statement is sent to the account holder who received the money. The money may then be returned in one lump sum or in installments. Sometimes, the person who received the money in the account has no money to return. The legal representative will then advise whether other steps can be taken.
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Step 5: The subdistrict court judge
If the recipient fails to repay the amount, the subdistrict court judge(opens in new window) may issue a ruling. The legal representative will inform the payer about the subsequent steps.
Request details of POB and PNBF
Members of the Dutch Payments Association can request details of the interbank POB (Procedure for Undue Payments) and PNBF (Procedure for Beneficiary Name and Address Details in the Event of Non-Bank Fraud) from us. As these are voluntary interbank procedures, consumers, businesses, and other non-members cannot request these details.
Payment service providers who are not members of the Dutch Payments Association can express their interest in these procedures by email to the Dutch Payments Association.