Complaint advice? Bank accepted cheques with different payee name

Sea_Shell

Have you made any further progress with this OP?

C_A_Penny

Sadly, not really, and given all the issues involved, we need to go back to the solicitor. We had a couple of informal chats with Wife2 and thought we had reached some sensible agreements. Apparently not as we've just received communication from Wife2's solicitor via her daughter: "All monies from the (family) estate were paid into Mum's savings account with (my father's) full knowledge and consent, and therefore (xxx bank) were within their rights to accept the cheques." There were other points in the email.

Did I mention that Wife2's daughter has had a number of loans from her mum (and therefore, my father), over the years - more than £10k outstanding when he died, now over £20k? Therein lies the driving force.

It's farcical - my genuine questions in pursuit of facts have awakened a monster with a lot to lose. I'm weary of the whole thing and I think Wife2's daughter is hoping we will simply give up and go away, with the help of some strong words from their solicitor.

Terry_Towelling

C_A_Penny wrote: »

...we've just received communication from Wife2's solicitor via her daughter: "All monies from the (family) estate were paid into Mum's savings account with (my father's) full knowledge and consent, and therefore (xxx bank) were within their rights to accept the cheques."

Was this communication written by the daughter or the solicitor? It's in quotes, so the inference is that these are the actual words used in the communication. It would seem a bit strange for a solicitor to use the word, 'Mum', so I am assuming it is the daughter's wording. If that is the case, why is she getting involved? Is she trying to stop Wife2 from perjuring herself? The bank has already told you that they wouldn't allow the cheques to be paid into her sole-named savings account. That's why I thought there may be another joint account somewhere that Wife2 has kept secret and she channelled the monies through that into her savings. If this is true, she obviously has reason for keeping that account hidden - more dodgy dealings perhaps? Sounds like you really need a sworn affidavit from Wife2 about her claims to have paid the cash directly into her savings account.

C_A_Penny

Yes, the email was from the daughter and starts "Following a visit to the solicitor yesterday, I have been advised to inform you of the following: (6 points)".


Daughter is still living at the house and looks after her mum. I have asked directly whether there were ANY other accounts with my father's name on them, at ANY time, and it has been repeated that my father only ever had one bank account (no savings/ISAs etc).



I find it hard to believe that the bank could accept the cheques 'within their rights' as the solicitor put it, as this contravenes The Cheques Act 1992 and Section 81 of the Bills of Exchange Act 1882 - a cheque which bears the ‘A/C Payee’ crossing can only be paid into an account in the name of the recipient exactly as it appears on the cheque.


I was hoping to avoid going down the 'legal' route and thought we had reached amiable and reasonable agreement about a number of issues but it seems Wife2 (/daughter) has changed her mind. I am reviewing the situation!

Terry_Towelling

Why would the solicitor advise Wife2's daughter to respond to you instead of responding themselves? Do you suspect they are not willing to put their name on anything they themselves have been unable to verify as true?

So you still only have Wife2/daughter's word for it that there were no other accounts in Wife2's name with your father's name attached. You need that sworn affidavit about Wife2's bank accounts (if you are entitled to ask for such) or you need Wife2/daughter to ask their bank to confirm to you that they did willingly accept the cheques contrary to normal procedure. Why would they have a problem with that if it is true?

You obviously know this whole situation stinks. Given the fact your father's current account became 'joint' with Wife2, there is no real reason why the cheques weren't paid into that account so that Wife2 could transfer the amounts over to her sole account, thus ensuring complete transparency. To the suspicious amongst us (me) the fact this didn't happen suggests Wife2 felt the need to conceal something.

Best of luck in your quest.

C_A_Penny

Thank you. I'll post the outcome.

sausage_time

If scenario 2 or 3 as above, and your father is named, would you not have access to any such account (and its transaction history) as executor?

Terry_Towelling

Potentially, you could start the ball rolling by contacting the main banking institutions - name and address (Wife2's and/or father's) should enable it to be traced if it exists. I'd probably guess the 'other' joint account was at the same institution as Wife2's savings account, so that would be my starting point.

If you think about it, Wife2 was not originally named on your father's current account and Wife2 has only ever spoken of a savings account in her sole name. So, at that time, what was Wife2 doing for normal everyday access to banking? She could have just been relying on your father and his banking provisions for access to money but, given the air of suspicion surrounding everything, that seems doubtful.

Either way, as several of us have now said (and as you already suspected anyway) someone is probably lying to you. Wife2's solicitor has either not been consulted with regard to this latest correspondence or has deliberately distanced themselves because they do not wish to become entangled in the web of probable deceit.

Going back to the original issue, do you think Wife2's savings account provider would be willing to put in writing a definitive statement that they would, under no circumstances, have ever accepted a cheque payable to Person A and let it be paid into Person B's account?

sazaccount

Just a thought... I don't know how executorship works but do you have access to your dads credit report? These should show any accounts he has and any "linked" people which wife2 should appear on as a connection for the joint account.

Keep_pedalling

Although the bank should not have done this I don’t see how it has cost the estate anything. Had the bank insisted the cheque was paid into his or a joint account it would simply have been transferred into her savings account as the next step.

Transfers between spouses are everyday events and there is no way you can show this was against his wishes.