Liabilities for bank errors?
#1
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Liabilities for bank errors?
Hi,
I got a call yesterday from a very good friend to say that a cheque he wrote me for £200 in November 2009 actually resulted in £2000 going from his account into mine. Neither of us noticed it at the time, it was recently picked up by his accountant.
We are pretty sure that the fault was the bank's ie that the cheque was correctly written. I need to double check my statements but if what he is saying is correct then I owe him £1800 no questions asked.
I was just wondering whether the bank is liable in any way for such errors.
Thanks
I got a call yesterday from a very good friend to say that a cheque he wrote me for £200 in November 2009 actually resulted in £2000 going from his account into mine. Neither of us noticed it at the time, it was recently picked up by his accountant.
We are pretty sure that the fault was the bank's ie that the cheque was correctly written. I need to double check my statements but if what he is saying is correct then I owe him £1800 no questions asked.
I was just wondering whether the bank is liable in any way for such errors.
Thanks
#3
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How can you not notice that lol :-)
Firstly go through your statements to establish if that is correct, then you can get a copy of the cheque from your bank, if it was credited incorrectly you could probably complain but I doubt their is now any liability on the bank as it has been such a long time.
Firstly go through your statements to establish if that is correct, then you can get a copy of the cheque from your bank, if it was credited incorrectly you could probably complain but I doubt their is now any liability on the bank as it has been such a long time.
#4
"an accident is not necessarily negligence"..............said Lord Denning of the Rolls a while go ......sort of !
If neither parties have suffered any harm then there is no Civil Wrong !
If your mate has been chucked out of his flat because he ran out of money then maybe so, if not then the bank will say that there has not been due dilligence on both parties behalf and they walk........
All you need to do is pay the bank back any interest on the £1800 which you had in your account LOL
Shaun
If neither parties have suffered any harm then there is no Civil Wrong !
If your mate has been chucked out of his flat because he ran out of money then maybe so, if not then the bank will say that there has not been due dilligence on both parties behalf and they walk........
All you need to do is pay the bank back any interest on the £1800 which you had in your account LOL
Shaun
#7
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Originally Posted by dingdongler
I owe him £1800 no questions asked.
You do nothing, he reports and claims back the £1800 from the bank.
It will eventually get round to you, but you're still earning interest in the mean time
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#8
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Les, there is no problem. I have every intention of paying him back, I was just wondering if the bank were in anyway culpable.
Speed, can't put him through that sort of hassle, he is a very good friend. I need to give him the money so he doesn't need to chase around after it.
Speed, can't put him through that sort of hassle, he is a very good friend. I need to give him the money so he doesn't need to chase around after it.
#9
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After all that there is no record of £2000 going into my account. I've checked my statements and rang my bank, so must have been a complete **** up by my mate's bank, and they need to find where the money is.
#11
As you say it appears to be a major **** up by his bank. I hope they kept the cheque for evidence.
Les
#12
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They will have or have to pay up the whole amount. Would have to confirm but seem to remember the required time they need to hold onto it is 7 years. However, if he has an accountant going over his books then he may have his cheques returned to him each month. Either way the bank will have a copy of the cheque for just this sort or query.
They only eyeball checks over a certain (surprisingly high) limit as it works out cheaper to refund the odd error so you may end up in profit.
They only eyeball checks over a certain (surprisingly high) limit as it works out cheaper to refund the odd error so you may end up in profit.
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