Ask a Law Question, Get an Answer ASAP!
No problem. Decision has to be made on 7th Oct on what additional information we will use in asking the ombudsman to review our case. I hope that historical banking cases, which were not presented to the ombudsman in our original complaint, will be to our benefit. Can you help in this?
No cheques actually used to get cash directly from any bank. Signed cheques made out to her own credit card in the name of the bank that her credit card was held. Used other banks to process these cheques for her. These amounts varied from even amounts to paying her credit card off in full. No questions asked by receiving banks. No inquiry made by the churches bank. Bank changed her address at her request without looking for a fresh mandate signed by chairperson and secretary as is usual. No attempt to avoid fraud. The ombudsmans report stated that the churches bank do not need to check cheques below £5000. What basis is there in law for this as a reason for failing to protect the church from fraud. Banking law makes no reference to any amount at all, that we are aware of, stating that all cheques are to be scrutinised. Can the bank make changes to it's own rules regardless that this is at odds with previous banking cases and surely the general business banking public would need to have a right to know and agree to these changes.
Sorry getting frustrated
Stole around £70,000 in cash from donations ( did not lodge the money) as well as fraudulent cheques issued as above to the amount of £27500 which formed our action against Ulster Bank on the grounds of lack of due care and diligence. Although cheques were presented through other banks, who should have realized that it was a fraudulent transaction , it is felt by us that the action should have been spotted by the Church's bank.
Awaiting reply from review of ombudsman of Church case. If no success we will bring before our local solicitor the suggestions you outlined in an attempt to recover some loss, or we can approach our insurance company, who have been following the case through our solicitor, to see if we can enter into an agreement with them where we take joint action against the bank in court and we agree a percentage of any compensation that is rewarded in return for our insurance company agreeing to take on the costs involved . Is this a sensible arrangement/ procedure to take? irwin