Company refusing to help with stolen cheque.

  • Thread starter viviennemacm
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viviennemacm

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I received a cheque last April from a company (a refund of money I payed to them) It was made out to me personally. The cheque was stolen. I informed the company of this, they seemed unconcerned and didn't want to know about it. After a lot of phonecalls and emails they said it had been cashed and there was nothing they could do. They said I'd have to chase it up. They gave me the AIB branch that it had been cashed in. I contacted the bank, they said the company would have to retrieve the cheque from their bank (Barclays) and send it back to AIB. I passed this info onto the company. they were very slow and reluctant to do this, Nearly 7 months passed at this stage. They emailed me a scanned image of the cheque front and back, I asked them to contact AIB re the matter, they did and AIB said they knew nothing of the matter. I only found this out several weeks later. I then contacted AIB myself, they stated that the initial advice I was given from them was wrong. I should have been told to get the company to contact their bank (Barclays) and they would deal with it from there. I passed this info onto the company. The company claims to have done this last Nov, nothing has happened since then. The company says the matter has nothing to do with them now.
It is almost a year since the cheque was issued I have no idea where i stand, which if any advice is correct, or where to go from here. Do I just write off my E250????
 
I have had this problem recently but had several crossed cheques stolen and cashed. The company has correctly given you a copy of the front and back of the cheque so that is all they are required to do. The onus is on the bank who cashed the cheque to refund you. They let a cheque made out to you be drawn down illegally. In my case the bank sent all my stolen cheques back to the premises that cashed them and looked for the money back. It was a long slog but got my money back eventually. Keep at A.I.B. if i read correctly that they cashed it.
 
If the cheque was in your possession and stolen and you reported it to the company concerned, they really should(as a courtesy( have have placed a stop on the cheque and issued you a new one (minus the stop charge the bank would have charged them). However they would actually be under no obligation to do this
I'm surprised that AIB cashed a cheque drawn on Barclays. Many banks nowadays when they are cashing cheques actually lodge it to the customers bank account, then debit the customer the cash so if the cheque bounces, they can debit their customer back and not be at a loss

You should contact AIB and ask them for the details of their Group Fraud team and then make a formal complaint to them, ignore the branch at this stage, you'll get no where

On your complaint ask if
was the cheque cashed?
was it lodged to a customers account?
if a stolen cheque was lodged to a customers account, did AIB follow correct account opening procedures when opening this account?
Is their funds available in the account at this time?
If the cheque was cashed, did they follow their own correct procedures

Don't let it lie, however you need to exhaust all possibilities with AIB before you contact the ombudsman
 
it is most unlikely that this cheque was cashed over the counter. i understood this practice ceased some time ago and in particular as it was a cheque drawn on an english bank
 
This is quite common, bank cashiers dont appear to focus on the fact that cheques are crossed. I regularily cash my husband's crossed cheques (we have different surnames too!). However, in the branch that I regularily go to there is an older lady who never lets me do this but insists I lodge it to my husband's account - to me she is the only clued in person working there. Good luck with seeking justice.
 
Vivienne

AIB should not have cashed the cheque. What was on the back of it? Was it purportedly paid to you? Did it have your name signed on the back? If it was a Barclarys cheque in sterling then it was almost definitely lodged to an account.

Put your complaint to AIB Customer Service in writing telling them that you are going to the Ombudsman if you dont get a satisfactory response.

I am not clear from your post, but did you actually receive the cheque? If it was stolen before you received it, then the company has not paid you money which they owe you. If it was stolen from your possession, then I am not sure what the law is. But in either case, AIB is the better mark.

Brendan
 
I agree with brendan on this one,it is most definitely AIBs fault, they should not have cashed the cheque.Given that the cheque came from a company it is highly likely that it was crossed account payee only, which means that it has to be lodged to the payees account.They should not have cashed it or lodged to any other account.AIB should have the facility to trace the cheque and see where/when/who(which of their cashiers) cashed it.I would most definitely send a letter in writing to AIB explaining the situation and like brendan said if all else fails contact the ombudsman,best of luck.
 
Viv - a plan might help as:

1. AIB is where you need to focus your efforts.
2. You need to reach a decision maker, not a customer service employee.

To help you do this I suggest the following:

1. Visit your local AIB bank on Tuesday bring with you copies of all of the documentation that you have
2. Ask who is the assistant manager responsible for commercial cash, note his/her name and ask to speak with him/her. If he/she unavailable, say that you will speak with the branch manager instead. Make it clear that you will not leave without resolution. This problem has been ongoing for a very long time. Do not attempt to outline you case to the customer service personnel - tell them that you have done this umpteen times to AIB personnel and that you want to speak with an assistant manager or the branch manager.
3. Explain your case when you meet the person you want.
4. Say what you want - your money I presume - give a reasonable timeframe (I'm thinking 3 days max but you should say that your documentation is conclusive and thus you expect your money to be lodged to your account before you leave) for the bank to respond.
5. Say that unless you have a positive outcome within that timeframe you are reserving your right to complain severally to IFSRA, the National Consumer Agency, the Ombudsman, directly to the area commercial manager and through the small claims court.
6. Stick to your guns - €250 is a small sum for the bank and if your documentation is conclusive then you should expect to walk out of the bank with the money in your account.

Good luck and let us know how you get on
 
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