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Bank lost cheque and are denying ever having it.... Desperate and need help!

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Comments

  • Cornucopia wrote: »
    I think you've probably got all you're going to get from this thread.

    It'll probably just be down-hill from here. Perhaps look to close it off, and come back if you have any further specific questions.

    Thank you, I will post back the outcome if anyone is interested.
    I am very grateful to all those who have tried to help, and to all the cynics, you have made me smile today.
  • Cornucopia wrote: »
    Whilst the OP's situation is something of a nightmare collection of (understandable) errors and banking incompetence, some of the responses here aren't very helpful.

    The best approach (though hard to do) is to take a deep breath and deal with the situation methodically.

    1. You can check the vehicle's status online, here:

    and . This might tell you something useful.

    2. Contact DVLA to obtain the keeper's details. Do this periodically over the next couple of weeks until the new owner's details come back. I think you have a reasonable justification for requesting the details. If they say not, ask the Police for assistance.

    3. If, after a reasonable period, the new owner's details are not apparent, follow whatever procedure DVLA/the Police have for when new owners don't provide details to the DVLA. Don't report the car stolen unless it becomes apparent that it genuinely has been.

    4. In the meantime, consult a solicitor and begin the ombudsman complaint.

    5. Consider asking your insurance company whether they can help you trace the vehicle's new insurers.

    6. Ignore the claims that you retain liability for parking fines, etc. You don't. These are the responsibility of the offending driver. You *may* be approached by the authorities, and you *may* have to state/show that you no longer drive the car, but that should be the end of it.

    The morals of the story are:-

    (a) large value cheques should ALWAYS go on individual paying-in slips/receipts.

    (b) never sell anything expensive to anyone without retaining their contact information (verified, if possible).

    (c) take copies/photos of important documents before you let them out of your hands.

    Thank you so much for this.
  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    edited 30 April 2014 at 8:54PM
    I would definitely take it up with the financial ombudsman. As part of the preparation for your complaint, ask the bank for details of the cheques that they confirm that they did bank. Presumably they will have some records of these. When they come back with details of only 6 cheques, then that adds strength to your argument, e.g. how likely is it that the cashier entered both the wrong number of cheques and the total incorrectly.

    If the complaint investigation information is not full enough, it might be possible to do a Data Protection Act request. This means that they have to send you a copy of all information about you that they hold. Hopefully this would also include full information of the complaint and associated matters.
    http://ico.org.uk/for_the_public/personal_information

    Here's a link to the financial ombudsman's website, with information about what they consider in complaints of this type.
    http://www.financial-ombudsman.org.uk/publications/technical_notes/disputed-transactions.htm

    If I were you, I would type up a full transcript of what happened when you were at the bank. Include as much information as you can remember, e.g. the name and description of staff members, what they told you about additional checks, which room you were taken to, who else you spoke to, how added up the total etc. Details will become less clear as time goes on.

    Then do the same for the car sale, in case this is where you need to go next in terms of evidence (and possibly the best route of actually getting the money).
  • cte1111 wrote: »
    I would definitely take it up with the financial ombudsman. As part of the preparation for your complaint, ask the bank for details of the cheques that they confirm that they did bank. Presumably they will have some records of these. When they come back with details of only 6 cheques, then that adds strength to your argument, e.g. how likely is it that the cashier entered both the wrong number of cheques and the total incorrectly.

    If the complaint investigation information is not full enough, it might be possible to do a Data Protection Act request. This means that they have to send you a copy of all information about you that they hold. Hopefully this would also include full information of the complaint and associated

    Here's a link to the financial ombudsman's website, with information about what they consider in complaints of this type.

    If I were you, I would type up a full transcript of what happened when you were at the bank. Include as much information as you can remember, e.g. the name and description of staff members, what they told you about additional checks, which room you were taken to, who else you spoke to, how added up the total etc. Details will become less clear as time goes on.

    Then do the same for the car sale, in case this is where you need to go next in terms of evidence (and possibly the best route of actually getting the money).

    I don't have the names of the people at the brach, but I have their descriptions and a log of what was said, I also have all the names dates and times of every call that was made thereafter, who I spoke with and what was said.
    I assume these calls were all recorded, so my information can be verified.
  • chambta
    chambta Posts: 2,770 Forumite
    Part of the Furniture Combo Breaker
    meer53 wrote: »
    I'm confused why lloyds won't take it further. They appear to have lost the cheque, if you have a receipt showing you paid it in, they have to look into it.

    True. But if they don't have it, they don't have it.
  • lolavix
    lolavix Posts: 532 Forumite
    chambta wrote: »
    True. But if they don't have it, they don't have it.

    Exactly this. They can't magic up a cheque from nowhere and won't just give OP £10k on the strength if a receipt.
  • BillJones
    BillJones Posts: 2,187 Forumite
    The only thing that has gone wrong is the bank have lost my money.

    No, not the only thing. You've made a fair string of mistakes yourself, all of which will make it far harder for you to resolve this.

    Is this the first time that you've ever sold a car?

    Also, I don't know if you've already said, but did the paying-in slip not list the supposed number of cheques?
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I've never paid this value of cheques into my account, but I reckon I'd have photocopied them first.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Lloyds will have copies of the 6 cheques which they say were paid in on the day. The OP should request these as part of their complaint. The difference between these and the amount on their receipt will help to show there was an error.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    meer53 wrote: »
    Lloyds will have copies of the 6 cheques which they say were paid in on the day. The OP should request these as part of their complaint. The difference between these and the amount on their receipt will help to show there was an error.
    What error? The bank does insist that it was an error in filling in the receipt, and the OP disagrees.

    The copies (or a more detailed statement showing separately all cheques deposited) have to prove that one cheque out of 7 and £10K are missing.
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