Key Post Crossed cheque : stolen & cashed : whose liability?

Go to the nearest PTSB branch and start an "I WANT MY MONEY NOW " argument at the counter, especially if they are busy and you are holding up the queue

Everything else is not your problem, the PTSB never gave you YOUR money as promised so go GET it.
 
2Pack said:
Everything else is not your problem, the PTSB never gave you YOUR money as promised so go GET it.
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This is a common comment - but unfortunately the PTSB say that they already gave me the cheque by posting it - and that, beyond that, it is my problem. I would have assumed that, until it reaches me, the cheque is still their responsibility. Would any lawyer types care to advise on this?
 
The bad PR you would cause would be their problem.... so whether they feel they must follow up or not, chances are they will if they feel it'll serve them better in the long run.

Hence the....
2Pack said:
Go to the nearest PTSB branch and start an "I WANT MY MONEY NOW " argument at the counter, especially if they are busy and you are holding up the queue
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...comment.

Not the way you should have to deal with banks, but one which seems to work from time to time.
 
Be aware that the cheque is coming from a separate processing unit, most likely a mortgage centre. Shouting and screaming at your local branch is not necessarily the smartest way to go about getting your money, and may even land you in trouble. Remember, they have actually sent the cheque, it's not like they have stolen your money or overcharged you.

It's the local CU that are in the wrong here-if anyone deserves a hard time, it's probably them.

File a report with the Gardai. Send a copy of the report to whoever you are dealing with in ptsb. This should get you your cheque. Causing a scene in the nearest branch isn't likely to change much IMHO.
 
but simp does not have his money and the PTSB is telling him to go DEAL WITH A CU with whom he may have no relationship whatsoever at all ever for his money ....unlike the PTSB Branch with whom he has a relationship of sorts ! Nor has simp evidence like a cashed cheque, the PTSB has the physical cashed cheque with fingerprints on it and stuff.

embarrassing them and making them look as incompetent as they seem to be anyway is often the best strategy , more especially when they are busy !

Its up to the PTSB to file a report with the Gardai and its up to simp to answer their questions if they show up, I already told him that .
 
Even without the "making them look as incompetent as they seem to be"... I would suggest that expecting PTSB to be a little more pro-active is a fair request.

Personally I'd try and chat to the local branch manager, discuss your problems, explain the lack of support you recieved from PTSB and its staff and explain that your questioning your future with the bank. Nothing a bank hates more than a customer leaving with the letters of disguist to HQ to follow.
 
PTSB have the hard evidence in THEIR possession now the cheque is cleared.

They know it was not a/c payee only encashed because the CU told them so.

My advice stands, they hate scenes when they are busy and they have not given simp his money . If it was my money I would shred them , especially as they know a crime was committed (fraud at least) and never reported it to the Guards !
 
What's to say the OP didn't give the cheque to a mate and they cashed it? That's why I am saying that the OP should file the report with the Gardai.

Anyway, each to their own-if you feel that shouting the odds in a local branch is the only way to get results, then that's fine.
 
simp said:
Yes - I phoned the IFSRA yesterday and they weren't much use - they just said that it was wrong of the CU - and said that if I did not "receive satisfaction" I should write to the Credit Union Ombudsman and then to the Financial Ombudsman...
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Try ringing this organisation and see if they can give you any advice.

Financial Services Ombudsman's Bureau
3rd Floor,
Lincoln House,
Lincoln Place,
Dublin 2

Lo Call: 1890 88 20 90
Tel:01 6620899
Fax:01 6620890
 
Thanks Suellen - I called the FSOB earlier today, and while they were sympathetic, they said that they couldn't comment on individual cases - that I should ring the IFSRA for advice about policy (who suggested I contact the ombudsman in the first place!) They assured me that if a formal complaint against a financial institution were made, that they would pursue it exhaustively...
 
Simp - do try the Free Legal Advice Centre.

They can give you chapter & verse on law regarding cheques & who has liability - this will make your dealings with ptsb alot easier. Also, no harm mentioning to ptsb that you are in contact with IFRSA and Ombudsman.
 
I just spoke to the Free Legal Advice Centre and they were of the opinion that PTSB should reissue the cheque and take the matter up with the Credit Union themselves. Which would be perfect. So I'll send PTSB a letter to that effect (registered, of course)...
 
Tell ptsb that you have

1. sought legal advice
2. reported the matter to IFSRA
3. spoken to Ombudsman and have advised that you will keep them updated
 
4. And that they will pay interest from the 10th of august in full at ECB+1% .

Had they reissued your cheque on the 31st july and sent it to you and had you lodged it you would have had the funds on the 10th , cleared .

Make sure every letter charges them interest from that date coz you KNOW they would do it to you.
 
bond-007 said:
You should note that a letter becomes your property as soon as it is posted.
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Is this the case? That runs counter to what most people have been saying here... As well as the advice that I received from the Legal Advice people. Could you point me to an official statement of this?
 
I would let the Irish League of Credit Unions and IFSRA aware of this if the Credit Union are slow to reimburse you. It may speed up their response.
 
I just spoke to someone in Kevin Street Garda Station, and he said, in his opinion, that the cheque was stolen from PTSB, as I had not yet received it. So it's for them to reissue a cheque and follow it up with the CU and the Gardaí if needs be. So I'll add that to the letter I'm drafting to PTSB...

The CU, by the way clareG, have been very apologetic and helpful. But ultimately I think it's for them to reimburse PTSB rather than me...
 
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