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Do I have a case against my e-bank?

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  • Do I have a case against my e-bank?

    I asked my e-bank if I could pay in a US Dollar cheque and they said sure. Was for $3,000.

    Sent it to the freepost address they gave me and could not get sent recorded delivery as this service is not possible to freepost addresses. Waited a fortnight. Then just happened to find a forum online detailing how my e-bank do not allow you to cash foreign cheques.

    I contacted them. Told them this cash was relied upon for my rent. They apologised for the oversight, and I told them there was already going to be hell to pay because the unnecessary hold-up meant I was receiving unauthorised overdraft charges, and I was also paying through the nose for calls abroad to the USA company to find out if they could cancel the cheque and have them make a BACS transfer (they could not). My High Street bank would have allowed me to deposit the Dollar cheque, no problem. I only sent it to my e-bank based on their erroneous info. Told the e-bank to return the cheque ASAP. They messaged me to apologise once again, stating that they had told me a year ago they could not deposit foreign cheques, but still, they should not have recently advised me to send it to them. They suspiciously ended the message asking "can you prove you sent the cheque to us?"

    Fast forward two months, As you can guess, they have denied ever receiving this. I have asked them what process they have in place for returning a foreign cheque they cannot cash, twice, and been ignored both times. They just made a payment of £50 for the inconvenience. I have had to call the US company and spent hours trying to get the money some other way. Now have had to cancel the cheque and have a new one sent, to my USA postal box address, to be forwarded expedited shipping to the UK. That took six weeks to cancel - their accounting department's standard timeline. Postal costs are about £50.

    I also had to move out of my place because I could not pay the rent, and move in with a relative. The sheer inconvenience and moving costs are in the Hundreds of Pounds. The calls to the USA total £260.

    What are my rights here? They are without a doubt lying to me, I think. re: not getting the cheque. I took a photo of the cheque, btw, before it was mailed to them.

    I want to take legal action. The Financial Ombudsman is toothless. And the knock-on effects of all this on my life and general mental health are considerable.

    Tags: None

  • #2
    Help

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    • #3
      Financial Ombudsman Service: our homepage

      USA = paypal account do they have?

      Comment


      • #4
        Financial Ombudsman. Case will hinge on whether you can prove they told you that it could be paid in and where to send it. Do you have this?

        Comment


        • #5
          islandgirl Yes to both questions, But I am not going to the Ombudsman, as they have dealt with two other cases for me in the past and were bastard useless. Pardon my French,

          I am trying to make sure I have a case to take through Moneyclaimonline.

          The e-bank obviously are going for the argument that "they did not receive the cheque in the mail, and if they had would have returned it ASAP, so litigate against Royal Mail, not us."

          My argument is that this should never have ended up in the mail in the first place, as they do not deposit cheques from a foreign country. I was willing to take the risk of whether the cheque got to them or not sending it to their freepost address, on the basis that it most likely would and then would be deposited so I could access the $3,000. I would never have mailed it in the first place if they told me there was no point.

          They should never have misled me, and what then would then have happened was a trip into town to deposit with my high street bank instead.

          I also told them of the financial trouble this left me in, yet they refused to help with an emergency loan or overdraft.

          And they have completely ignored my request that they cover the call costs, etc.

          So, thoughts on whether they have a viable Defence? They are obvs lying, btw, and have received it.

          Comment


          • #6
            Difficult one. Firstly I do not believe you have any claim against Royal Mail as it was not a recorded or special delivery (I know the bank said you were not able to use these methods). You took a risk. The alternative would have been not to take that risk and go to town anyway. A court may decide that all that subsequently happened was because you took that risk and it went wrong. You cannot prove the cheque was received (although you believe it was). Moneyclaimonline does not cost very much so it may be worth a shot (sometimes big organisations don't defend these things as they get "lost" somewhere) but I am not sure you would win, sorry.
            I am not a lawyer however and may well be wrong - hopefully other members will comment more favourably for you!

            Comment


            • #7
              Any lawyers have any thoughts?

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              • #8
                Bump bump bump...

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                • #9
                  Bump

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                  • #10
                    One more bump...

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                    • #11
                      UPDATE: The ebank did receive the cheque and lied to me. I have a member of staff in a call recording admitting that their internal logs show it was received.

                      Thoughts? What would be the legal basis for my claim now?

                      Comment


                      • #12
                        They have received your cheque and are refusing to give you the funds.

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                        • #13
                          No, they could not cash it in the first place. It is foreign. I sent it to them, then found this out after they advised me they COULD cash it. Told them to return it. They lied, stating they never received it. Then it turned up in the mail back to my home address, and in a call with their staff, I find out they lied and did receive it and then sent it back to me.

                          Comment

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