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Who is responsible here?

ubersonic

ubersonic

ubersonic

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Joined
26 May 2009
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Anyone know who is responsible for this mess?:

A friend sent a bunch of their customers cheques to their bank to be put into their business account. The bank then decided as they were made out to them and not their company they couldn't be cashed (isn't supposed to be a problem and hasn't been before) the bank however never informed them of this until they phoned up to find out why the money hadn't arrived.

The bank now say they posted all of the recently received cheques back to them a week ago (multiple cheques totalling >£1000 sent by standard post) but nothing has arrived so most likely lost in post.

So, who is responsible here? the bank? RM?

Thanks.
 
The bank, it's them who have the postage contract with RM so they are your point of call/blame.
 
The bank are responsible, but that doesn't mean they're in for the face value of the cheques. A cheque, after all, has no value.

You would need to chase for a fresh cheque from the customers. If they don't pay up, then you would need to go legal on them.
 
tom_e said:
In the eyes of the bank customer yes, it's still up to the bank to sort it never mind who lost them once they were in the banks possession.
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That's the thing though, once the bank posted them they weren't in the banks possession, they were in RM's possession so it's RM's fault.
 
Sliver said:
That's the thing though, once the bank posted them they weren't in the banks possession, they were in RM's possession so it's RM's fault.
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Yes but the original customer would not go chasing RM as they have no contract with them it's the bank who used RM and therefore it's up to the bank to do any chasing or claiming from RM.

So in the eyes of the customer it's up to the bank as it was the service they opted to use that lost the cheques.
 
tom_e said:
Yes but the original customer would not go chasing RM as they have no contract with them it's the bank who used RM and therefore it's up to the bank to do any chasing or claiming from RM.

So in the eyes of the customer it's up to the bank as it was the service they opted to use that lost the cheques.
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So like I said RM is responsible.

Pretty sure the bank can re-issue cheques. No big deal.
 
Sliver said:
That's the thing though, once the bank posted them they weren't in the banks possession, they were in RM's possession so it's RM's fault.
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As far as his friend is concerned it is the banks problem, they have to contract with RM for sending them. RM would deal with his friend at all. Same with anything sent, falls on the sender to sort any problems out until the recipient has received it. Though strictly speaking it is RM that responsible but its the bank that has to sort it out.
 
Things get lost in the post and it's a risk that needs to be accepted, cheques cancelled, and move along (obviously the friend took a note of the cheque numbers in case of just such an issue?).

However who is at fault for the cheques not being paid in at all? I would say that is your friends fault for not advising his customers of the correct account details (or not getting them reissued when they were wrong).
 
ubersonic said:
Read the thread >.>
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I did. The cheques were made out to the wrong account, despite it not being a problem in the past. Maybe the cashier was a little stricter this time but (I'm assuming) the business account name is different to the persons name.

The loss of cheques in the post is a seprate matter. RM are responsible for the loss but the bank would be the company to chase to remediate matters as they are your friends point of contact.
 
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Hades said:
I did. The cheques were made out to the wrong account
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No they weren't, SA just made a mistake (either because it's a hick town and they're not used to business accounts or because somebody new was doing the job).


Hades said:
RM are responsible for the loss but the bank would be the company to chase to remediate matters as they are your friends point of contact.
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The bank basically said go call RM because it's not our concern.
 
ubersonic said:
No they weren't, SA just made a mistake (either because it's a hick town and they're not used to business accounts or because somebody new was doing the job).




The bank basically said go call RM because it's not our concern.
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If the bank have admitted they made a mistake then your friend would do well to book a meeting with the manager and threaten to close their business account over such a sloppy mistake. But what does your friend want done in remediation? Have they incurred financial loss over this that the bank could be expected to pay?
 
put it this way, if the bank doesn't receive cheque payment for an outstanding balance because you didn't post it recorded / RM loses it will they let you off the interest, late charge etc?

Bank is at least responsabile for cheque cancellation charges.
 
Sliver said:
So like I said RM is responsible.

Pretty sure the bank can re-issue cheques. No big deal.
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no, the bank is responsible... they had the cheques and failed to return them to the OP's friend

the method they chose to do this is down to them, whether they chose royal mail, a courier or a teenager on a BMX... it was their responsibility to ensure the cheques get delivered - the courier is acting on their behalf and is responsible to them but from the OP's pov it is the bank that is responsible

either way he needs to get the cheques re-issued by the customers
 
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