Bank have misplaced lodged cheque - who is responsible??

B

biggerry

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My wife lodged a cheque to her BOI account last Thursday using express banking. The bank left a voice message that evening to tell her they couldn't process the cheque because the cheque was made out to her married name and it was marked Payee only and her bank account is still in her maiden name, the bank couldn't process it. They said that they'd post the cheque back to her. The cheque still hasn't arrived so she went back down to the bank today (Wednesday) and they don't know where it is nor they do have a record of having posted it back to her.

As we really need this money for Christmas it looks like the only option is for my wife is going to go back to the person who gave her the cheque and ask them to cancel it and re-issue a new one - in her maiden name.

When this issue gets sorted, should we go back to the bank and ask for her quarterly fees to be waived?
 
This was discussed recently on askaboutmoney.

The right thing is to ask the issuer to issue the cheque in the correct name.

You could ask the bank to make a gesture on the fees, but the cheque may be lost in the post, so it's not definitely their fault.

Brendan
 
If the bank know her by both her maiden and married names, then I think she has a legitimate complaint about their refusal to accept the cheque for lodgement. The intention of the drawer about who was entitled to the benefit of the cheque was clear.
 
I'm amazed at this - my MIL insists on giving me cheques in my married name (which I have never used) but my bank don't seem to care... possibly listening to me rant about my MIL once too often has set up a bypass...
 
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