A businessman who lost $11,500 when his money was accidentally sent to someone else’s account has waged a five-year legal battle to identify the wrongful recipient and recover his missing funds.
Aucklander Mark Graham hired private investigators to track the receiver of his cash and took repeated Disputes Tribunal proceedings in a prolonged campaign he labelled a “bit of a search for the holy grail”.
He eventually learned the woman’s identity – Zara Abrahall – after ASB provided her name two years after the money was lost, having earlier refused to confirm her details because of privacy.
She claimed she had no knowledge of receiving the deposit in May 2020. But after being hauled before the Disputes Tribunal where evidence was given linking her to the money, she said she thought it was “inheritance”.
And while Graham obtained a successful Disputes Tribunal finding last year ordering her to repay his funds plus interest, he is yet to receive a cent and is now commissioning debt collectors.
“That seems to be our only recourse. The courts have no power to enforce anything short of seizing assets, and if the recipient has no assets, what can you do?”
Graham notified police after attempts by ASB to persuade Abrahall to return the money in 2020 failed.
However, Financial Crime Unit officers declined to investigate, saying it was a civil matter and the woman’s actions did not constitute theft.
After reading about a case involving Mt Roskill pensioner Andrew Che Sit Bong – in which police have charged two people in relation to a $158,000 account transfer error – Graham said he wanted his loss to receive the same priority.
“Surely this sets a precedent. Doesn’t this mean everybody in this situation should have their day in court?”
The story began in September 2019 when Graham suffered a bad concussion in a moped accident in Waterview. He was hospitalised before being discharged home.
Months later in May 2020, he purchased a pair of ski boots on Facebook Marketplace from a man he communicated with over social media.
Graham sent money to the stipulated ASB account and then picked up the boots from a woman, who claimed the man was selling them on her behalf, at an Auckland CBD apartment.
A few days later, he sent an $11,500 invoice to an Auckland firm that had commissioned work from his partner’s marketing company, EndGain.
But because of the ongoing effects of his concussion, he accidentally transposed the bank account details for the ski boots purchase on the invoice, rather than the company account.
“I don’t know how the f*** I did it.”
The $11,500 invoice was duly paid by the client but EndGain never received the money. Graham later went through bank records, recognised the ski boot seller’s account number and realised where the funds had gone.
“It took two years of sleuthing to determine who the bank account belonged to.”
While Graham had dealt with the man over Facebook, he eventually learned the bank account wasn’t his.
“We found out later that the bank account belonged to his girlfriend.”
Graham messaged the alleged seller about the mistaken payment to arrange reimbursement. But the man denied knowledge of the payment and his Facebook page was subsequently deleted.
ASB refused to assist, so with no other way of contacting the man, Graham sent a message via the ASB bank account. He made a 1c online transfer and in the reference field wrote, “We are coming after you”.
He then turned to police, believing his money had been obtained unlawfully. But officers refused to investigate, telling him no crime had been committed.
Growing increasingly frustrated, Graham hired a private investigator to track the man, believing (mistakenly) that he must be the owner of the receiving account.
The investigator identified a man with the same name and Graham filed proceedings in the Disputes Tribunal. But it was the wrong person and the case was thrown out.
The investigator then identified the right person, who was listed as living at the address where Graham collected the ski boots. New Disputes Tribunal proceedings were filed in February 2021.
The case – heard in the man’s absence – was successful and a civil enforcement order was made against him for the money. The man’s car was eventually seized as part of the enforcement process.
However, the man was later granted a June 2022 rehearing, claiming he did not receive notification. He told the tribunal the ski boots weren’t his, he didn’t own the ASB account and had not received Graham’s money.
The tribunal found there was no proof connecting the man with the missing $11,500 and ruled in his favour. Graham was back to square one.
However, the tribunal noted “it would be of assistance” if ASB released details of the recipient account holder “upon request”.
The order was sent to ASB and within weeks the bank provided Abrahall’s name and contact details to Graham – two years after his money was lost.
Now in receipt of Abrahall’s identity and email address, Graham wrote to her demanding repayment.
“You were the person I bought ski boots from in May [2020] which is how I got your bank account number.
“We have tracked down [the man], though he denies involvement, now we’re coming for you to repay the money.
“I would strongly suggest you make contact otherwise this will be going to the police and court.”
He received no response.
Graham then filed Disputes Tribunal proceedings against Abrahall. A hearing was held in her absence and an October 2022 decision found in Graham’s favour. It ruled Abrahall had “no legitimate reason to retain the funds” and ordered her to make repayment.
In another twist, nearly two years later the decision was set aside after Abrahall applied for a rehearing, also claiming she did not receive notification.
While she admitted receiving $11,500, Abrahall claimed she thought it was inheritance and that “she has never received money from the applicant”.
A month later, in September 2024, the tribunal ruled Abrahall had been “unjustly enriched” and was required to make restitution of $13,139.46 – being the amount she mistakenly received plus interest.
Graham’s application for thousands of dollars in compensation for the cost of debt collection and investigator fees was dismissed.
Despite the tribunal order, he is yet to receive reimbursement.
Graham is dismayed that police refused to investigate and says a loophole in New Zealand legislation means there is no protection for anyone who accidentally sends money to the wrong account.
He wrote to then Prime Minister Jacinda Ardern, saying it was left to victims to pursue the offender and take civil proceedings, which was “an egregious injustice”.
“I believe legislation needs to be introduced as a matter of urgency to address a wrong that takes place daily,” he wrote.
“In the UK, keeping any money wrongly credited to your account could lead to a charge of ‘retaining wrongful credit’ under the Theft Act 1968. We have nothing similar here.”
Graham told the Herald the case had become all-consuming and stressful as he continued to recover from his head injury.
But he was determined to pursue it on principle, even if it took five years of his life.
Auckland City CIB Detective Inspector Scott Beard stood by the police decision not to prosecute, saying the circumstances were different to that of Mt Roskill pensioner Andrew Che.
After police assessed his complaint, Graham was advised he should pursue the Disputes Tribunal process, Beard said.
“The 2020 complaint does not involve theft, such as the case in 2024, as in this matter the complainant [Graham] had not made a money transfer themself.
“We have reviewed the decision making and agree that the correct course of action was taken.”
ASB executive general manager of personal banking, Adam Boyd, said the bank had to comply with privacy laws.
It could not disclose customer details unless requested by an agency such as police or a disputes tribunal, “where the information will assist with an investigation” or proceeding.
A confirmation of payee name checking service being rolled out across NZ banks would reduce the risk of Kiwi customers paying the wrong person, Boyd said.
Abrahall and the man would not comment when approached by the Herald.
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Emergency services were called to the scene about 7.45pm.