The bank accepted this was an error. Roger complained to us about the bank’s behaviour. His complaint said his former wife had repaid the full amount, but later he changed his mind and said she had returned only $2,000 and had kept the rest.
Our investigation
We found that Roger would not have suffered any financial loss if his former wife had indeed repaid the full amount. If, on the other hand, she had kept the $4,000 difference, the matter would be dealt with as part of relationship property proceedings taking place through the courts. Either way, we could not award Roger any portion of the cheque.
The bank agreed to cover the legal fees he had incurred over the matter, leaving him no worse off financially.
Outcome
Roger and the bank agreed to settle the matter on this basis.
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