SWIFT transfer LOST - legal position???

slopemaster

A transfer from Austria to Madagascar has gone astray and not arrived. I am neither the sender nor the recipient so, as you can imagine, I am struggling to get full info,

The recipient in Madagascar provided services to me after an accident; . My insurer in Austria supposedly paid the company in Madagascar direct 7 weeks ago but the money has not arrived

They (the insurer) now seem to be trying to wash their hands of it rather than getting on to their bank to get a trace put on it. I have asked for this multiple times; at first they sent various info which wasn't sufficient and now theyve stopped responding to my e-mails.


I wondered if anyone had a clue about the legal position?


As I see it, I am still responible to the firm in Madagascar as they've not been paid for their services. And the insurers are still responsible to reimburse me as they agreed to do.
And the fact that their bank lost the money is nothing to do with that, even though the insurers have proof of sending it.


Does that sound right?
To me it is like if you sent a cheque and it was lost in the post; its no excuse for not paying.

Butch_Dingle

Have you tried asking for a SWIFT code MT103 from the Austrian insurer which you can pass onto the receipient in Madagascar?? If they refuse to provide that, can you write to the insurer's complaints dept? Failing that I guess you would need to seek legal advise from a law professional in Austria.

slopemaster

Thanks. Yes, I've asked for SWIFT codes, tho I didn't know to say MT103.
I've also put in a formal complaint so next step will be the Austrian Insurance Ombudsman

Ballard

I would have thought that your insurer have a duty to ensure that the claim is fully paid as you’ve paid them a premium for that service. I would keep badgering them to chase their bank to ensure that everything is in order.

As mentioned, though, asking for a copy of the MT103 (and possibly also MT202COV depending on the payment method used) could be another avenue worth pursuing.