bank have lost cheque!

scoobyxt25

Hi folks, advice required please.
My mom had to leave her home in Spain last year due to bad health. We managed to sell her house in April'14. We were sent a bankers draft cheque and paid it into her account end of april.
We were told being a foreign cheque (euros) would take 6-8 weeks to clear.


5 months and many phone calls and stress later the bank have admitted they have lost the cheque! they basically are washing there hands of it saying case is closed and she will have to arrange new cheque/ transfer, offering her paltry compo to just cover phone calls!


We now have to contact our solicitors in Spain to arrange this no doubt costing us money. Thats if they agree to do it at all!
This has caused my mom and myself much stress on top of bad health.
Please any advice of where to turn next, Thanks.

grumbler

As they admitted their fault, they have to pay for all related expenses and some compensation for the inconvenience on the top.
If you aren't happy with the amount they offer, exhaust their complaints procedure first, then take the case to FOS.

jonesMUFCforever

If you think any bank will pay up on a lost cheque when the terms and conditions of crediting the cheque clearly states they will not be responsible for outcomes out of their control then think again.
Why not get the money sent electronically?

Midslad27

jonesMUFCforever wrote: »

If you think any bank will pay up on a lost cheoue when the terms and conditions of crediting the cheque clearly states they will not be responsible for outcomes out of their control then think again.
Why not get the money sent electronically?

If the cheque was lost before bank recieved cheque yes but if they did then it would be human error making it bank error also the admitted it

SammenForLivet2

Was it a 'Deposit' or interest bearing account? I would expect interest to be back dated to eight weeks after the initial deposit, so for around 3 months, I think at 8% gross is typical. I think that a typical resolution in this case is: Reasonable costs incurred (e.g: £5-15) + £25 goodwill* + 8% gross interest for three months, or at least at the account bearing rate, if it is was an interest bearing account (i.e: Savings Account).

*Or perhaps free processing of the next Cheque.

Who was the bank/society and what resolution did they offer?

jonesMUFCforever

Midslad27 wrote: »

If the cheque was lost before bank recieved cheque yes but if they did then it would be human error making it bank error also the admitted it

No - sorry but foreign cheques have to be sent to their agent in the foreign country - cheques can and do from time to time go missing.
It is straightforward to get a duplicate but much easier to get the funds sent electronically.


(The terms I refer to are that they won't be held liable for things outside of their control such as in transit to agent banks.
You could ask why not send by courier - to which they would say fine but you pay the cost)