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Returned cheques unpaid in Error


Durai2710
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Hello

 

 

I am an Independent Accountant and

 

 

one of my clients has their business bank account with Barclays.

 

 

The bank returned on two days some of the cheques presented for payment and direct debits with a remark 'refer to drawer'

 

 

actually there were sufficient funds in the account to pay these cheques and

 

 

when a complaint were lodged the bank admitted it was due to an error

and agreed to refund the unpaid transaction fee.

 

The client suffered business losses and bad reputation due to these cheques being returned by the bank.

 

 

Is there a provision to make a claim for consequence losses from the bank with out having to go through any legal procedures.

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Have you tried a formal complaint to the their Head office ?

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This is a clear BCOBS case.

 

Here is a similar kind of case against Santander http://www.consumeractiongroup.co.uk/forum/showthread.php?373594-Bounced-Cheque-Cause-for-Action-for-Damages-**-VICTORY-IS-MINE-**&p=4263306#post4263306

 

They ended up paying out several thousand pounds and also the costs of High Court enforcement. Frankly I was very surprised at the size of the payout - but the argument was that the matter impugned the integrity of the Church.

 

You will have to go at it like a bull in a china shop but you should be able to produce a good result for your client. A BCOBS judgment would not go down well with the bank and of course you would then send it to the FCA as a basis for a complaint - and let the bank know that this is what you are going to do with it once you get it.

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By the way, in order to get any kind of sensible settlement, you will have to start a legal action. Barclay's are too stupid and dishonest to understand the business sense of reasonable negotiated settlements.

They will be happy to spend more on fighting you than it would cost them to settle.

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Hi Durai and welcome to CAG

 

The case of Kpohraror v Woolwich Bldg Soc'y dealt with a similar case where the Claimant sued for damage to business reputation even though the error was corrected quickly.

 

Consequential losses arising from the bank's error would presumably already have been addressed by the refunding of the banks' default fees.

 

However, if the business suffered any other loss as a consequence of the banks' action (such as the loss of a customer or client), that could be quantified and claimed additionally.

 

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