Payee Lost Bank Draft

Timberrr

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I posted a bank draft for nearly 3000 euro via registered post to my daughters college accommodation. This was 2 months ago in July. Never got a receipt back and after great difficulty, spoke to a manager about 2 weeks later who said not to worry about it, that her room is safe and they would not give it away without contacting us first, and they would get it sorted as they were extremely busy. The accommodation is well known business and not a scam.

2 weeks later on a Friday evening my daughter got a final notice (no previous contact) saying they didn't have the money and had to be paid by Monday or else she would lose her room. We managed to email back straight away and said manager said don't worry it's prob lost in the post. I replied with the signature that said it had been signed for. Manager advised that the signature was one of her staff members, that he was completely trustworthy and said leave it with them I have no more to do.

Another 2 weeks gone, they have been extremely difficult to contact, saying they are very busy and they still have not found this bank draft. My daughter needs to be in her room next Wednesday, this is the only room available and she has no chance of finding somewhere else. Commuting is not possible as it's too far away. Im hesitant to even pay the college registration fees before getting this sorted as she won't be able to go.

Im guessing they basically have the phone off the hook due to the leaving cert results coming out and just don't answer the phone any more. Ive requested they call us directly as we need to sort this out. Reply said they still do not have the draft and they would call that afternoon. Never got a call. Repeated same email 2 days ago and no reply to that. Still not answering phone.

Ive been into the bank who have confirmed that the draft has not been cashed. They have advised that as the draft should be treated as cash that as it was delivered it was really not to do with me any more and the business in question should be compensating. However she did say that if they still couldn't find it to call back in and they would start an investigation as bank drafts are not easy to cancel. From looking up online it seems the bank may want us to sign an indemnity incase the draft is cashed after we are refunded, which to be honest we don't really think we should be doing considering it was the accommodation that lost it. We were going to ask the accommodation to contact the bank.

Im not sure what we can do. Whose responsibility is it if they receive the draft then lose it? Or is it possibly a criminal issue as we have no idea of what happened to it?
We don't want to lose the room or there be tension over this as my daughter has to spend the year there, but the lack of communication and help from them is difficult and we are not sure what we can do.
 
Sorry, its in Ireland and we are also in Ireland.
ok, that makes things a bit easier; there should be a bricks and mortar address for this agency.

If I were in your position, I'd be making a trip to their office.

Don't get hung up on being 'nice' they have 3k of your money and haven't taken much care of it.
 
I replied with the signature that said it had been signed for. Manager advised that the signature was one of her staff members, that he was completely trustworthy and said leave it with them I have no more to do.

Did An Post give you proof of delivery? Is that what the signature is?

You or your daughter needs to go down and get the keys for the accommodation.

Let them sort out the bank draft situation later.

Why did you not pay by bank transfer? It's so much easier and you don't get this messing.

Brendan
 
"Manager advised that the signature was one of her staff members, that he was completely trustworthy"

1. They have admitted that the draft was received by them.
2. Ask the manager to to contact the person who signed for it and explain what he did with it.

You have proof that they have it. It hasn't been cashed so, either its in a pile awaiting to be processed by their payments staff or its lost. If lost, they are liable - its not your fault the money hasn't arrived in their account and they should give you the keys.

I'd suggest a face-to-face meeting with the manager to tease all that out. They have received the draft, by their own admission - that should be enough to entitle you to get the keys.

Maybe even ask to see the draft that the trustworthy person signed for ? The answer would be interesting.
 
The bank won't care who lost it, it's not their problem. A draft does not go out of date and it is standard practise if you want a replacement draft to sign an indemnity.

Secondly, do you have a signed contract with the provider?

If is it lost and got represented, then your recourse may be against the accom provider, but you'd likely have to take legal action or threaten it to get anywhere.
 
Thank you all for the replies. Brendan yes I have looked up the tracking number with An Post and was able to download the signature that was provided as proof of delivery, I sent this on to the provider asking if it was a member of staff or a postman that signed, they said it was a member of their staff.

I would have much preferred bank transfer but all the emails and contracts that were sent to us requested payment by cheque/postal order/bank draft.

There was a booking deposit of 130 paid in feb, then we accepted the offer of the room with contract in April which had to be accompanied with payment of 1000 euro for ESB and Services, which was paid. This payment was the 1st of 2 payments for the actual room.

I'll have a read through all those links thanks. Its caused a huge stress for us at this stage when we actually went out of our way to have everything done early and correctly.
 
Don't sent any further payments by bank draft.
They are one of the items explicitly excluded from registered post insurance.
Use another more safe, secure, and reliable way to make payments.
The following items will be accepted for Registered Post but are not insured:
  • Bank drafts
  • Cash and coins
  • Documents
  • Glass and other fragile items
  • Jewellery
  • Passports
  • Precious metals such as platinum, gold or silver
  • Vouchers with a monetary face value
 
One possible solution is for you to sign an indemnity and get the draft re-issued and then the accommodation provider give an undertaking to you that if the bank draft is cashed, they will provide a refund.

In reality, it is their issue as you have a signed delivery and they have confirmed it is one of their staff that signed for it, so this solution is really you offering to do them a favour - and make sure they know it.
 
Your first step is to get to the office in person and get your daughters room key. You have paid, they got the bank draft. You need to doorstep them until you get the key.

Without turning up in person they will fob you off and give the room to another desperate parent.
 
Thank you so much for all of your advice. We managed to get in contact over the phone last Thursday and asked the company to get in contact with our bank branch and discuss it all with them, were assured the room was still there. Sent them email with bank draft details and requesting to come up this Tuesday. Never got reply. Rang her this morning as we took time off work to travel up and turns out she found the draft last Thursday but forgot to call/email to let us know. Lesson learned I won't be sending drafts in the post again.
 
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