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Transfer to USA delayed five weeks - do I have a legal case?

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  • Transfer to USA delayed five weeks - do I have a legal case?

    Hi all,

    I hope it is okay to post a problem my brother recently had with a company. Here it is:


    I used Transferwise to make a transfer from my UK bank account to my USA account. I live and work in the USA, and have used the service several times in the past, with no problem. They sent me an email and told me funds were about to be sent.

    I have several accounts, in the UK and the USA, and currency cards, as well as Paypal, so I always have a general figure of the amount of money I have to my name in my head.

    The end of August and the beginning of September I was on holiday. I made the transfer before going to the Burning Man Festival in Nevada for ten days. There is no wifi or mobile network coverage out there in the Nevada desert for the ten day duration.

    Coming back to reality, I had twelve more days holiday planned for Las Vegas, Chicago and Reno. I checked my various accounts and was devastated to discover that I was about a grand worse off than I had figured.

    I thought I had horribly mismanaged my finances. I had to scrimp and save for the rest of my vacation, and it ruined my time in these places.

    I honestly thought that I had worked out things wrong, and that instead of having $7,000 to my name I only had 5.5 because of all this.

    Over a month later, I made another transfer, of £500. As I am down to my last pennies I noticed when it wasn’t sitting in my USA account after a week. I called Transferwise, who told me that for some reason the money wasn’t being sent. They then brought it to my attention that they had also been sitting on my other money for the last five weeks !!! They apologized for a “rare system glitch.”

    I told them I had been on holiday and not having this money ruined my hols - all the flights and accommodation costs had been for nought when I had not been able to party, eat out, and was travelling on public transport instead of taxis, etc.

    Not having this money really ruined my hols.

    I have told them I wasn’t them to pay my costs for all the flights, hotels, etc, and compensation.

    They have offered me two free transfers ?!?!

    So, people of Legal Beagles, what can I do here?

    I made the transfer arrangement in good faith and it seems to me that their system should be robust enough to recognize when they don’t send money they have as arranged? Their terms and conditions don’t let them off for system glitches, as far as I can see.
    Last edited by Daniella; 24th October 2015, 22:50:PM. Reason: typo
    Tags: None

  • #2
    Re: Transfer to USA delayed five weeks - do I have a legal case?

    Hi Daniella,

    First of all is this the website? https://transferwise.com/

    What are your losses? Can you calculate what losses you have? Secondly, their terms and conditions are pretty short and oddly they have no clause on limitation of liability - so in theory you could argue and potentially claim for direct and indirect losses as a result of your problems. You have to quantify your losses and what you are seeking to claim from them, once you've done this then the next step will be to send them a letter outlining all of this.
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    Comment


    • #3
      Re: Transfer to USA delayed five weeks - do I have a legal case?

      From my brother:

      Hi, thank you for a reply.

      I can calculate by showing the costs of accommodation, flights, etc. For example, I was comped my three night stay in Vegas and this was in a Suite, over a busy weekend. That alone had a value of $4,000.

      Then I can show tickets and flights purchased. The tickets, also, I would produce proof from the nights/parties they were for that I did not use them, as I had no money to attend/buy drinks/etc.

      I have already demonstrated the above, but have been told that I have two free transfers in my account and they "hope this will suffice." Hmmh.

      One of my key concerns is that they would try to put the blame on me for not recognising that the money was not in my US account...

      I was also thinking the Financial Ombudsman, though someone told me that the Ombudsman has no teeth and would award ony a small amount of what I was seeking?

      thanks!

      Simon

      Comment


      • #4
        Re: Transfer to USA delayed five weeks - do I have a legal case?

        The way i see it they were contracted to do a financial service transaction

        That transaction failed for what ever reason and will be covered in the companies own compensation scheme

        That transaction was to go to the beneficiary, that being you, not to any third party to pay for hotels etc. If you turned up at the flamingo and found your hotel had not been paid for due to an error on the company who sent the transfer they you will have a claim.

        They do not owe you personally any duty of care to claim negligence

        That is the way i see it anyway but wait for more replies

        Comment


        • #5
          Re: Transfer to USA delayed five weeks - do I have a legal case?

          He DID use the hotels, etc - but had no spending money in order to enjoy his hols.

          Comment


          • #6
            Re: Transfer to USA delayed five weeks - do I have a legal case?

            But the company who transfered the money did not pay that hotel bill, it went to the account holder direct

            That is the whole point, causation

            But it is just my own personal opinion

            Comment


            • #7
              Re: Transfer to USA delayed five weeks - do I have a legal case?

              But surely the failure of the transfer company was a breach of the agreement between the parties.
              That breach caused a lack of funds which meant the op suffered disappointment, distress and a loss of enjoyment,
              This loss is consequential on the original failure, and as such compensation is due.
              Hopefully,if pushed. Transferwise will offer acceptable compensation without the need for court action.

              Comment


              • #8
                Re: Transfer to USA delayed five weeks - do I have a legal case?

                Did the financial transfer company owe Dainella a duty of care, did they breach that duty of care, and did dainella suffer loss because of the breach.

                Yes they did but only with transfering the funds as to contract. Anything else is irrelevant

                There is no primary legislation wth a duty of care, only under common law.
                That has been updated now with the offence of negligence

                Donoghue v Stevenson [1932]


                Proving negligence outside of a contractual obligation is the real issue, that being the money transfer

                There was no "relationship of proximity" between Dainella and the financial transfer company with the cost of hotels etc to claim redress as they were unaware of these bookings

                Caparo v. Dickman [1990] will decide this as a "Novel event"

                Again only my own opinion
                Last edited by judgemental24; 25th October 2015, 18:56:PM.

                Comment


                • #9
                  Re: Transfer to USA delayed five weeks - do I have a legal case?

                  It goes without saying that the transfer is to move funds available from one bank to another and will therefore be used for whatever reason. In this case, funds for enjoying a holiday.

                  Comment


                  • #10
                    Re: Transfer to USA delayed five weeks - do I have a legal case?

                    Before you consider taking any action i advise taking legal advice

                    Foreseeability of damage is the key

                    Comment


                    • #11
                      Re: Transfer to USA delayed five weeks - do I have a legal case?

                      Agree that remoteness would be the defence used by Transferwise, but still feel op should push for more!

                      Comment


                      • #12
                        Re: Transfer to USA delayed five weeks - do I have a legal case?

                        Does it not go without saying that a transfer of funds from Sterling in a UK account to Dollars in an account in the USA is with the intention of spending those Dollars on something?

                        Comment


                        • #13
                          Re: Transfer to USA delayed five weeks - do I have a legal case?

                          That may be so but not defined in your contract with Transferwise any Extracurricular activities dependent on this cash transfer

                          Comment


                          • #14
                            Re: Transfer to USA delayed five weeks - do I have a legal case?

                            It is obvious though - the money is to be spent. It is not being transferred in order to sit under my mattress lol.

                            Comment


                            • #15
                              Re: Transfer to USA delayed five weeks - do I have a legal case?

                              The terms and conditions of transferwise are based on which country that's the place wgere any legal action will be,

                              Have they turned down or offered any compo

                              Comment

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