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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I had just lost my case against a bank for their breach of

Customer Question

I had just lost my case against a bank for their breach of contract, & duty of care to transfer money to NY,USA, resulting in us losing over £2040. To cut long story short, the bank fail to give me proper advice but the judge still hold me and my brother to whose account the money should go as solely responsible for the failed transaction. This is totally unfair. The bank failed in their duty of care to give proper advice in the first place and yet I was held responsible for the failure. Also, following the realisation that the wrong account has been given, I tried everyday to contact the bank to put things right, but the bank just continued to fob us off etc. They have breached their own terms of contract that they'll try to investigate failure of transaction, which they failed to do. Please advice how I should appeal against the Judge's judgment. Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

On what basis did the bank fail to give proper advice?

We need full background please.

Customer: replied 3 years ago.

I went to the bank for advice, telling them that I've never sent money abroad, and was thus completely dependent on their advice regarding this transfer, following the sale of a property owned jointly with my brother. The bank said oh it was easy, as transferring money is a pretty straightforward process. She told me it will cost £25/- and will take 3-5 days. Having asked me for the necessary docs to check my ID etc, she then took down my brothers bank details which I gave her. She then noticed that it appeared to have 2 different account numbers and there and then instead of stopping me to warn me that giving wrong account details could proved detrimental, she did nothing as just said, ok we'll take the account with your brother's name, which happened to be the wrong account as it was an account within an account which I wasn't even aware of at the time. Being in the business of transferring money abroad, shouldn't the bank clerk had stopped me on realising the account is not really a simple account and gave me advice regarding the most suitable account for the transfer? She owes me a duty of care in giving advice which I was entirely dependent upon and in this respect, the bank had failed in their duty

Expert:  Stuart J replied 3 years ago.

What is an account within an account?

Who did the money go to?

Did you give the wrong acct number?

Why?

Customer: replied 3 years ago.

it was my brother's investment account held with Fidelity - within Morgan Bank. It was only after I sent my bro an email saying what I've done and pointing out to him that the bank clerk said it appeared to be 2 different account did my brother confirmed that it was indeed 2 account. But as my bro lives and work in NY, he did not know that UK banks work differently from NY. Cut long story short, Citibank which attempted the transfer asked the bank to investigated, but the bank did nothing even though both of us were trying to get in touch with the bank to give them a simple, normal bank account to ensure that transfer of money could take place. Cut long story short, despite our efforts to contact the bank over a period of 3 weeks, we just couldn't get hold of anyone at all. First time I learned of the failure was when the bank sent me a letter informing of the failed transfer. This is really a fundamental breach of the bank's duty of care and of their own term which stated they'll investigate should the transfer failed to go through, but they did nothing, not even when they were asked to investigate the failure within 3 days of the transaction.

Customer: replied 3 years ago.
Relist: Answer came too late.
takes too long and failed to answer relevant question. somehow cant help getting the feeling that this is the type of things to expect and can i asked for my money back since I'd received no legal advice at all
Expert:  Stuart J replied 3 years ago.

You havent received any advice at all yet becuase I dont have enough info to answer. If it takes too long, please bear in mind that it is weekend and we are all solicitors in practice.

Customer: replied 3 years ago.


You asked me what account it was and I've already given told you that the account was an investment account held with Fidelity, based at another bank. Because of this the transaction failed. My argument was that since the bank clerk had noticed the account I've given appears to be 2 account instead of one (which I didn't realised since it was my brother's account) shouldn't she as a bank clerk stopped me there and give me advice regarding the type of account suitable and not just take one of the account and decided to transfer money there without any questions to its suitability etc. To cut long story short the transaction failed and the money was returned to my bank account involving further charges and exchange rate conversion when the money was converted from US$ back to £. I had to re convert the money back to US$ and pay another bank to do the transfer; resulting in us losing well over £2000/-.

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