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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18790
Experience:  Solicitor
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The RBS allowed a person to cash, or pay in to an account, a

Customer Question

The RBS allowed a person to cash, or pay in to an account, a cheque drawn in my name in 2012 which I oly found out about last year. The RBS is refusing to tell me 1. If the cheque was paid into a bank account or exchanged for cash and 2. The Police have not investigated my complaint. Can I sue the bank and/or Police for the non recovery of my monies. The cheque was for over 6000 pounds.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes. I've written to the RBS, made a complaint to Police and made a complaint to the Financial Ombudsman in the UK . All to no avail.
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Your the first
Submitted: 21 days ago.
Category: Law
Customer: replied 21 days ago.
The cheque was in lieu of a company being taken over. The shares were for International Power, and my holding was registered at my former parents home. After the last of my parent's died in 2011, the house was sold in early 2012 and the cheque was sent to my in aboiut July 2012, and was cashed in about October 2012. My mistake was in not changing the address of my shareholding after the last of my parent's died. I was grieving and simply didn't remember to do it. I only found out about the cheque when I finally realised I hadn't been receiving share dividends. I can't find out who cashed the cheque, or into which bank account it was paid.
Customer: replied 21 days ago.
I live in Australia, and my shareholding was registered at my late parents house in Bristol.
Expert:  Jamie-Law replied 20 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 20 days ago.

I am sorry to say you are simply out of time

Under the Limitation Act 1980, you had 6 years from the date of the breach to bring a claim.

Actions founded on simple contract

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

This was in July 2012.

Therefore you had until July 2018 to bring a claim.

As such you are 2 years out of time.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty, to be honest

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 20 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you

Customer: replied 18 days ago.
Is there any leeway, given that 1. I did not know International Power had been taken over; 2. The cheque was sent to my parent's home, 3. I did not find out until last year, when I realised that I had not received any dividends from International Power and made enquiries of Equiniti the company dealing with the take-over?
Expert:  Jamie-Law replied 18 days ago.

That does not matter - you are just out of time.

It runs 6 years form 2012.

I am sorry. Does that clarify?

Customer: replied 17 days ago.
It does, thank you Jamie.With regards Kate
Expert:  Jamie-Law replied 17 days ago.

My pleasure Kate.