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

[Daniella]

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

I am going to claim in the USA.

There must be some unique precedents/criteria for straight money transfer type deals re: compensation for failure to carry out in a timely manner.

It is effectively breach of contract/deprivation of funds, is it not?

It seems to me self-evident that depriving a party of actual money will effect their quality of living?

[R0b]

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

It is unlikely that any of us can be helpful if you are claiming in the US - this forum is pretty much related to UK law than US laws.

[judgemental24]

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

Is there a "Proximity of neighbourhood" and "foreseeability of damage" between Dainella and Transferwise?

Given the facts in my opnion the courts would not impose any damages for any unforseen loss not originally accounted for.

It would not be fair or reasonable on transferwise any penalty imposed that one party benefit from another for any unspecified losses

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It is unlikely that any of us can be helpful if you are claiming in the US - this forum is pretty much related to UK law than US laws.

Agreed

Negligence in the UK stems from the Common Law offence duty of care.

Donoghue v Stevenson [1932]

[wales01man]

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

If an American law firm will not take this on in the USA given the huge sums they try to sue for I think its over and Transferwise know this

[des8]

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

Yep, first step would be to prove a breach of contract in the delay in transferring funds.
Then to show the damage(loss of enjoyment) was not too remote.

Loss of enjoyment cases abound in the travel industry, where tour company fails to deliver.In those cases remoteness is not really a defence!

[Daniella]

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

It seems to be ridiculous for a Defence to hinge on remoteness in this case? What am I going to do? Tell them in advance exactly what the money is intended for in order to cover my bases? hmmh...seems unreasonable.

I would say what is reasonable is to look at the evidence of what the money was intended for - my holiday expenses. If I can substantiate initial expenses and value of my flights, accommodations, etc, I would then be able to show that the value of these things was reduced to nought because I did not have the subsequent funds to make use of the things purchased as intended?

In other words, kind of like buying non-refundable flights for a holiday but then not being able to purchase accommodation, for example.

It seems to me that the onus is on Transferwise to have a robust enough system in place that they are not able to simply hold on to one grand for five weeks and only discover they are doing so after a customer contacts them about an unrelated matter?

It follows that there will be consequences if they don't get someone's funds to them in a timely manner, as the funds are obviously to be spent somewhere after the transfer takes place?

Technical glitches aren't covered/overridden in their terms, by the way, and quite right.

They gave me 6 months to approach the Ombudsman - is this worth it?

Would the Ombudsman's findings have an impact on any legal proceedings afterwards?

Thanks all!

[judgemental24]

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

What you think is reasonable and what the law states are two diferent things i am afraid

It works both ways

Their only contract with you was to transfer xyz from xyz

That is all

That failed and they offered compensation as a good will gesture which you declined

[stevemLS]

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

The only "loss of enjoyment" cases I have ever seen have been against tour operators or hotels etc, does anyone know any authorities where such a claim has been successful against some ancillary third party service provider which is not concerned with the provision of the holiday itself?

[Daniella]

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

I am not buying it Judgemental.

I intend to make them pay if it is the last thing I do.

[Amethyst]

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

If you have been through Transferwise's complaints process already then yes, you are able to take it to the Financial Ombudsman. I suspect they might order a small amount of compensation for the inconvenience.

The ombudsman decision is binding on transferwise, but you are free to accept it or not ( and then go to court action if you wished)

I don't think court action would be appropriate in this case. Ombudsman is based on fairness and court on law. So the ombudsman can order redress for things that wouldn't necessarily get anywhere in a court.

[wales01man]

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

Opinion on here is you have no case maybe time to take Legal action if you feel you can win A suitable qualified legal professional needs consulting if they feel you have a case they can advise on actions and possible costs.
we all hope you can win but see a long uphill struggle

Good luck

[judgemental24]

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

The only "loss of enjoyment" cases I have ever seen have been against tour operators or hotels etc, does anyone know any authorities where such a claim has been successful against some ancillary third party service provider which is not concerned with the provision of the holiday itself?

Those sort of claims are normally done through internal dispute resolution regulator such as ABTA

[Daniella]

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

Thanks Welshman.

Keep your thoughts coming all!

[stevemLS]

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

Those sort of claims are normally done through internal dispute resolution regulator such as ABTA

Yes, I understand that. But ABTA would not seek to adjudicate, nor would it have any authority to do so, in these circumstances - it deals with disputes between travel operators/agents and consumers - transferwise is neither. That's why I asked about ancillary third parties.

So far as transferwise is concerned, as far as I can see, the money could have been for absolutely anything and, far from not wanting to put it under the bed, that is precisely what OP could have intended to to with it.

Doesn't the Caparo judgment say that the tortfeasor cannot be held responsible for consequential loss unless it is reasonably forseeable, how could transferwise have known that:

a) the money was for holiday spending money
b) that Daniella would be in some remote spot with no internet access for 10 days,
c) that she had given up her home, intended to move, and required the funds already available to her as a deposit on her new home, and
d) that it is "fair, just and reasonable" to impose this liability on a money transfer service?

(I have to say I started to struggle at the outset when the OP started to quantify her claim with a $4k loss for accommodation which was complimentary).

[Daniella]

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

This from their email:

"We’ve received your money and will soon start your transfer

There's nothing else you need to do. Next, we will convert your funds and transfer the payment to your recipient shortly. We estimate to deliver the money by Monday, August 31. We'll confirm it by email when it's done."

Does this not mean I don't have to inform them I need the money by September 10th for my holidays?