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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, Please advise me what I can do if my cheque was

Resolved Question:

Hi there,
Please advise me what I can do if my cheque was stolen and cashed in a Bank of Ireland (I am not a customer of it) fro amount of EUR1186.00? How can I get my money back? Is the Bank responsible for giving money not to the right person without asking any kind of ID? Thank you very much for your help.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was the name on the cheque or was the name altered please?

Customer:

I am based in Ireland (Dublin). Cheque was on my name from Social Welfare.

Attachment: 2014-03-04_182633_861740.doc

Full Size Image
I can send it to you as I have a copy of the cashed cheque from social welfare oficer.

Alex Watts :

Ok - so it was issued in your name. Have you spoken to the cheque issuer please?

Customer:

Cheque Issuer is Social Welfare - I filled the form of stolen/lost cheque - I've been told to go to Gardai(police) and there nothing they can help me with ....

Alex Watts :

Do you know that it was cashed in someone else's account?

Customer:

I dont have such information because Bank Agent refused to give me any information

Alex Watts :

It is the responsibility of the issuer.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. Given the value you could represent yourself.

Alex Watts :

It is for the issuer to make sure that the proper person gets the cheque and cashes it.

Alex Watts :

Therefore its not responsibility - it is the issuer.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok. If I get it right - I should write a compleint to Social Welfare, not to the Bank?

Alex Watts :

Yes. That is correct

Customer:

Right. Will start now. Thank you Alex for your help.
I dont know how this system work (I mean this site) - if I will have a question during period of communication with Social Welfare, can I ask you or I have to pay once again?

Alex Watts :

You can come back if it related to the same issue yes.

Customer:

Thank you once again.

Customer:

Good buy!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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