§ 4-25. When the bank has credited or debited the wrong account or amount

Finansavtaleloven·LOV-2020-12-18-146

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In brief

The text of the law (unofficial translation)

§ 4-25. Notification and correction of incorrect crediting or debiting of an account

(1) If the payment service provider (betalingstjenesteyter) becomes aware that an account has been incorrectly credited or debited, the customer shall be notified without undue delay. If the error has been corrected in such a way that there is no real possibility that the customer may have received incorrect information about the available amount in the account, it is nevertheless sufficient that the notification is given together with account information as mentioned in § 4-19.
(2) A payment service provider that by mistake has credited the wrong account or credited the wrong amount may, by the end of the third business day, correct the error by debiting the account. The same applies to a payment service provider that by mistake has credited an account with another payment service provider, if the payment service provider has access to make such a correction with the other payment service provider.
(3) The payment service provider's right to correct errors under the second paragraph does not apply if the crediting of the account was carried out in accordance with a payment order (betalingsoppdrag) from a third party.
(4) If a credit as mentioned in the second paragraph is connected with a criminal offence on the part of the payee (betalingsmottaker) or of another person who has the right to debit the payee's account, the payment service provider may in all cases correct the account.
(5) This section does not prevent the payment service provider from claiming recovery under general rules.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-25

What does this mean?

This section governs what the bank (the payment service provider) must do, and may do, when it has itself made an error on an account. The first paragraph requires the bank to notify the customer without undue delay when it discovers that an account has been incorrectly credited or incorrectly debited. If the bank has already corrected the error, and the customer cannot realistically have gained a wrong picture of how much he has at his disposal, it is enough to include the notification in the ordinary account information. The account information comes in writing at least every month and shows, among other things, the balance and the individual transactions.

The second paragraph gives the bank a right to act on its own. If it has by mistake credited the wrong account or too high an amount, it can correct this by debiting the account. The right lasts until the end of the third business day. It also applies when the error was made to an account in another bank, provided that the bank has access to make corrections there.

The third and fourth paragraphs set limits. The right to correct under the second paragraph does not apply when the credit followed a payment order from a third party. If, however, the credit is connected with a criminal offence on the part of the recipient, or of another person who can debit the recipient's account, the bank can always correct it. The fifth paragraph says that the section does not prevent the bank from claiming recovery (getting back money that was paid without grounds) under general rules.

Example: The bank by mistake credits the recipient's account with too high an amount. The bank discovers this quickly. It can then debit the account for the difference by the third business day, and it must notify the customer of the error.

The section applies to errors the bank itself has made. If it is the customer who has given the wrong account number, § 4-26 applies, which says that a payment to the number given is regarded as correctly executed with respect to the account that the number points to. The customer's notification to the bank in case of misuse is set out in § 4-24. The rules on the bank's liability for payments being correctly executed are set out in § 4-28 and § 4-29. Section 4-13 has the title "Right of retention, set-off (motregning) and charging of fees" and refers to this section.

Related sections
All sections of the Financial Contracts Act →