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Check cashed but payee did not receive the money Finance, Investments

Discussion in 'Banking, Finance, Investments' started by Guest, Jun 4, 2015.

  1. Guest

    Guest Law Topic Starter Guest

    Wells Fargo negotiated a check I wrote twice, the second time in error. The first check, $400, the funds went into the payee's account. All good. The second time WF paid the check and the funds were sent to Chase, Chase pulled $400 out of the payee's account and sent that money back to WF. So, over the two transactions, $400 was twice sent to Chase, of which $400 was an error and $400 should be in the hands of the intended recipient. But Chase has refused to give the legitimate $00 to the payees.

    1. Where is the second $400 that went to Chase?
    2. I have now paid $400 to someone/somewhere that is NOT the payee.

    Wells Fargo says they have done their part (corrected the duplicate payments and since I am out only the original $400, the check I wrote, they are done.) Chase refuses to speak to me because I am not their account holder, and they tell the account holder that they don't owe them anything because it was WF's fault.

    What is our recourse?
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What is the problem with the account holder not taking action? What I am not sure about is how you, not the account holder, were able to write and authorize a check. Perhaps you were an authorized signator on the account to disburse money but not the actual account holder. With regard to the bank's reasons for requiring the account holder make the request and inquiry, they are correct. The owner is the owner. Your authorization begins and ends as a check writer and that's all. And what doesn't make any sense is that if everything is as you represent, there isn't any reason why the account holder couldn't contact the bank himself / herself and make or confirm the same request. Problem solved.

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