Q&A

WiseUp gives you the answers to your questions.

Question: What is the importance of checking banking details before completing an electronic fund transfer (“EFT”)?

Answer: > During the end-of-year holidays, the reality is that most people will undergo extra expenses through online shopping or paying a service provider/creditor. Not all of these payments can be done with a credit card and it is sometimes necessary to make a payment through EFT. 

>  The harsh reality is that there are many factors that can lead to the money not reaching the correct person and you losing that money. For example, a typo in the account number, the hacking of e-mails and fraudulent invoices giving the wrong banking details. 

>  If you made a payment through EFT and the other party claims that they did not receive the payment, the basic principle in law is that the person who makes an allegation bears the burden of proving that allegation.

>  In line with this principle, a person who claims that they paid a creditor bears the onus of proving that such a payment was made.

>  In a recent case, a consumer received payment details from a supplier via email. Unfortunately, the email from the supplier had been intercepted and the payment details were fraudulently changed in the cyber-attack before reaching the consumer. Believing that the banking details are correct, the consumer, in reality, made a payment to the fraudster's banking details. 

>  The court held that the consumer bore the responsibility of ensuring that the banking details were correct and that a phone call to confirm the banking details could have been sufficient. Accordingly, the consumer was not discharged from liability to the supplier as the proof of payment did not indicate the correct banking details, which means the consumer will essentially have to pay the money again. 

>  The lesson to be learned from this is that it is important for consumers to verify banking details before making payments to avoid possible fraud through cyber-attacks and possibly having to pay the amount of the item or service twice. 

Question: Can you record a traffic officer when being pulled over?

Answer:  >   A recent high court ruling affirmed that citizens may record the police while they are performing their duties in public. 

>  A person does not need to be part of the matter in which the police are involved to record it.

>  However, should the recording become an interference or obstruction to the performance of police duties, then the person recording may be on the wrong side of the law. Care should be taken that the recording is conducted from a safe distance and that one does not move into any crime scenes.

Did you know… If you make a payment through EFT, you have to prove that the payment was made.