Stolen Cheque - No End In Sight

pmduk

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

Unfortunately I suspect your claim has no basis in law. Direct Line paid the money by posting the cheque. It arrived at the address nominated and was then stolen. Direct Line have no way of checking the identity of anyone cashing a cheque.

ossie

When Cash Converters tried to clear the cheque at their own bank surely it should have shown as a stolen cheque and been refused payment into their account. Why did the bank clear it? Can the bank not go to Cash Converters to recoup the money they paid out on a fraudulent transaction.

innovate

Cash Converters are authorised to cash cheques, and they have clear procedures for doing it.

They say "Your information, photo and subsequent history records will be entered onto our computer database" - - therefore it should be very easy for the OP to obtain proof - or otherwise - that the cheque was cashed by the rogue, and with what proof of ID. The OP then has either a case against the rogue (which is pointless since he has no money), or Cash Converters (which might have some success).

Unless Cash Converters did not follow their own procedures for cashing a cheque, the rogue appears to have been able to present a lot more documents belonging to the OP. It seems somewhat unlikely that a homeless person could produce all the required documents, unless he had stolen a lot more than just the cheque.

If the OP still believes they have a viable case against Cash Converters, they should be taking it to the Small Claims Court. This will cost £95, which they should get back if they win the case.

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 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.

Are you sure you spoke to an omnibus?

JuicyJesus

innovate wrote: »

Are you sure you spoke to an omnibus?

There is a reason my signature is what it is.

Fiddlestick

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.

I know, which is why I am not sure what claim the OP thinks they have against Direct Line.

gener8or

Fiddlestick wrote: »

I know, which is why I am not sure what claim the OP thinks they have against Direct Line.

The OP is entitled to their money from Direct Line.
Direct Line has a claim against cash converters

Annisele

I agree with the people who think OP's claim is against Cash Convertors, not Direct Line.

The Financial Ombudsman Service publishes a technical note on disputed transactions.

My (non expert) understanding of cheque conversion cases is that if the stolen cheque had been paid in to a bank account, the bank would be liable to the OP unless it could prove that it had acted without negligence. That's the opposite of the normal rule in negligence cases; usually the person who has lost money has to prove negligence - in cheque cases involving banks, the bank has to prove that it wasn't negligent.

Cash convertors isn't a bank though, so I don't know how that affects things. I'd also suggest OP contacts FOS, as they might be able to point them in the right direction.

innovate

gener8or wrote: »

The OP is entitled to their money from Direct Line.
Direct Line has a claim against cash converters

Can't understand how you would justify that.

Direct Line sent a cheque, the cheque was cashed. That discharges their obligations entirely. They cannot be held responsible that the cheque was allegedly

1. stolen from the OP (probably along with at least three ID documents which were needed to cash the cheque)
2. cashed by an alleged thief

There's only 3 logical possibilities:

1. Cash Converters was misled by a thief with stolen or forged ID documents, and rightfully paid the money to the thief. OP needs to pursue thief for money (or drop the case since there is no money to be got from the thief)
   .
2. Cash Converters paid the money to the thief without properly checking the ID documents. OP needs to pursue Cash Converters for the money, and compensation for costs and expenses.
   .
3. Cash Converters paid the rightful beneficiary, who is now trying to get the money again. That would obviously be fraud.
   

knightstyle

My thinking on this is that as the cheque was stolen from home your home insurance should cover you for any loss you have incurred.
But I am not an expert.

jonesMUFCforever

It is my opinion that Direct Line owes OP the money.
Sending out the cheque does not dissipate the responsibility until OP has received the funds.

As long as he is in no way connected with the cheque disappearance then DL should issue a replacement cheque (or better a direct bank transfer) and then take the fraud case to the authorities.