Stolen Cheque - No End In Sight

StuckInADeadEnd

Hi everyone,

First of all I'd just like to say this is a great forum and I have found much advice from here in the past, I now feel that you may be my only source of help as I have reached a dead end with nearly everyone else.

My story is rather complex, I will try and explain it briefly…

1. I was involved in a car accident at the end of 2011. I was travelling in the back of a black cab when another car ploughed into the back of us. I received some injuries and proceeded to make a claim after the accident. I used Donns L.L.P. to represent me (I found them on Google searching for no win no claim companies).

2. Donns took on the case and everything went smoothly. I had my cheque issued for £1500 which was posted to my home address. On the day it arrived at my property (shared apartments) our letterbox room was broken into and several letterboxes were stolen from, mine being one of them. Knowing that I was expecting a cheque I called Donns the next morning (they were closed when I first realised my letterbox had been broken into) to ask if the cheque had already been sent out, they told me that the cheque was sent out first class the day before and was more than likely in my letterbox at the moment it was raided. Not wanting to take any chances I asked them to cancel the cheque and re-issue a new one. They said they would do this but the process would take several weeks.

3. After waiting several weeks I called back Donns to check the status of my new cheque, they told me that they had found out that the cheque had actually been cashed and so they were looking into how to proceed. They were in talks with Direct Line (who originally issued the cheque) about what the next steps may be.

4. Another week passes and I call Donns to check progress, the phone constantly rings out. I look online to find that Donns LLP has gone into administration and all cases have been picked up by Irwin Mitchell. I ring Irwin Mitchell who say they do not have any copy of my case and there is nothing they can do.

5. I ring direct line directly who put my through to several people, one being someone who works for Parabis who is the company who issued the cheque to Direct Line. They say it is not their responsibility because they have done there part in issuing the cheque.

6. When the incident happened I informed the police who sent a fingerprint person out who after carrying out a fingerprint check on the letterbox room found a match with a local well known petty criminal. He has since admitted this crime (and cashing my cheque) and is facing going back to jail. The police have told me he is homeless and I wouldn't be able to claim anything back from him.

7. I have been to the C.A.B. who gave me the details of a legal omnibus. I spoke to the legal omnibus who told me that it's not a case they can take on as there isn't a company I can make a complaint about.

I wrote to Direct Line 14 days ago threatening to take them to a small claims court if they did no re-issue my cheque, I have heard nothing back from them.

I am really lost as to how I can claim my money back. I feel I am out of pocket as I never received the money that was issued to me.

If anyone can shed any light on this it would be greatly appreciated!

irishjohn

Certainly seems to be very complicated but hopefully you have fully recovered from the injuries sustained.

If you take the people involved and try to identify who has responsibility it does not paint a good picture.

You are the victim and out of pocket financially

Donns represented you and won your case at no cost to you but have since gone into administration and the company who picked up their work has no case file.

Parabis issued a cheque to Direct Line who sent one to Donns who sent it to you.

A petty criminal has been caught and has admitted stealing and cashing your cheque - but is homeless and likely to be sent to prison.

The management company at your apartments may not have made the post room secure enough to prevent burglary.

I think you have two choices

Consult a solicitor to see if you can make a claim against either the petty thief or the management company - everyone else has fulfilled their part of your original claim.

Accept the loss - and put it down to something you never had anyway, especially if you are fit and healthy again.

The first choice will be expensive as you will not obtain a no win no fee solicitor to take this case on - they only take on certain wins. And as you already know the petty thief has no means of repaying the money.

So my conclusion is put it out of your mind, and move on. sorry.

Lansdowne

StuckInADeadEnd wrote: »

a local well known petty criminal. He has since admitted this crime (and cashing my cheque)

How was this achieved? If he cashed it with a payday cashing type company maybe they are at fault.

StuckInADeadEnd wrote: »

7. I have been to the C.A.B. who gave me the details of a legal omnibus. I spoke to the legal omnibus

More likely an ombudsman, though maybe you used the omnibus to get to the CAB.

molerat

Surely the finger must point to the organisation that cashed the cheque without confirming ownership or ID, their charges are partly to cover this. If he was homeless it certainly would not have gone through a bank. Possibly speak to the FOS. http://www.financial-ombudsman.org.uk/contact/index.html

madgagoo

I would look at this a different way, correct me if I'm wrong!

The fraud has been perpetrated against the company that issued the cheque. If the person who has cashed the cheque fraudulently has admitted that fact to the police then that confirms that you have not received the funds.

I would speak to direct line (or the management company) again and explain that a third party has fraudulently cashed the cheque that they issued but you are still due the £1500 from them. It's up to them to then chase the criminal for the money they have had stolen.

kizkiz

I would think a crime reference number would be of use to you here. usually with companies, that gets them acting a bit faster

StuckInADeadEnd

Hey everyone, thanks for your replies.

I do have a crime reference number and I have told direct line this, they just keep telling me that they have done their party by posting out the cheque.

I think that my next step is to speak to Cash Converters about them cashing the cheque, I have also spoke to a friend who is a practicing lawyer who is going to draft up some letters for me to send out.

If anyone has any other information on cases like this then please join in the conversation, I need all the help I can get!

pmduk

I really can't say how Direct Line are at fault here. They posted the cheque to the address you nominated. They had no involvement in the theft or the encashment of the cheque. In their position I'd argue that they shouldn't be liable for any loss. I'd be taking advice about Cash Convertors role in this.

One posssibility would be to get a journalist interested in the story. Sometimes you'll see companies paying up when not required to as a means of cheap publicity.

Fiddlestick

StuckInADeadEnd wrote: »

I wrote to Direct Line 14 days ago threatening to take them to a small claims court if they did no re-issue my cheque, I have heard nothing back from them.

What claim do you have against Direct Line?

If anything you have a civil claim against the thief, but if they are homeless then you are on a hiding to nothing I suspect

gener8or

Fiddlestick wrote: »

What claim do you have against Direct Line?

If anything you have a civil claim against the thief, but if they are homeless then you are on a hiding to nothing I suspect

The crime was against Direct Line, the theif stole their money and they should take it up with the Police and Cash Conveters and their bank.
OP needs another cheque issued ASAP

innovate

gener8or wrote: »

The crime was against Direct Line, the theif stole their money and they should take it up with the Police and Cash Conveters and their bank.
OP needs another cheque issued ASAP

Direct Line have paid out what they had to pay out - - why would they get involved in chasing the fraudulent cashing of the cheque? It would most likely just cost them additional effort and money, for no benefit to them.

If anything, Cash Converters are the ones to pursue, since they appear to have cashed a cheque without ascertaining the identity of the recipient beyond doubt.

However, given the amount involved, I agree with irishjohn: my conclusion is put it out of your mind, and move on. sorry.