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Bank / Cheque Fraud

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  • 03-06-2010 4:38pm
    #1
    Cadenza
    Registered Users Posts: 21 ✭


    All, hope you can help.

    I have a company lets say ABC Ltd and I use subcontractors for some installation work. Over a year ago I had a guy do work for me in Cork for 123 Ltd. Part of his remit was to collect a cheque for services. All in hand he returned to Dublin. Over the next few weeks he kept 'forgetting' to bring the cheque to the office and eventually admitted that he 'accidentally' lodged it to his own account and has spent the funds. For this and other reasons I stopped using him.

    In pursuing the subcontractor for the monies I had to have my customer recall the cheque. Not a priority for them, with many reminders, this took 10mths. It has transpired that the cheque written to my co ABC Ltd was in fact lodged to AAnother Ltd a company that has nothing to do with my subcontractor. The cheque was neither signed on the back or front! No signature whatsoever!

    I have questioned the bank and demanded that they take the money back off AAnother Ltd and lodge to my account. They say that they cant and that the only way I can get this resolved is to get my customer 123Ltd to open a fraud complaint with their own bank.

    I dont understand this 1) As far as my customer is concerned they got and paid for a service - period. 2) Any issues that I have with sub contractors is nothing to do with them 3) Why would they spend time out of their day to fix my problem?

    I feel that the bank should take responsibility. I could not lodge one of my business cheques to my personal account, so how can an unrelated person / business do it into theirs and do banks not have a clearing system to ensure that cheques are 1) signed and 2) lodged to the correct account?

    I feel that the bank in not following their own protocols have behaved fraudulently and should be giving me the money and deal with their internal problems and their own customer who knowingly lodged a cheque that did not belong to them off my time.

    I bank with the same bank though a different branch.

    Anyone have any thoughts to offer?
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