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Bank lost roommate's check, now roommate won't pay me for current bills

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FutureRush

Junior Member
What is the name of your state? Pennsylvania.

When I got my bank statement in March, I noticed that the check one of my housemates gave me for his portion of the bills was taken out of my account the same day I deposited it in the ATM. I went to National City and asked what happened. They said there was something wrong with the check and it was mailed to me. I never got it in the mail and it was deposited/pulled/mailed a month before. They said it might have gotten lost in the mail, though highly unlikely. They said to ask my roommate to check if it was transacted and if not he could put a hold on it so it can't be touched if recovered. Then he could write me another check. I told my roommate, but he wrote me another check before he discovered that the first was transacted. Since I was not credited for the first check, I had to deposit the second check in order to pay the bills (as a rule, I won't pay the utilities that are all in my name until I have everyone's portion of the bills in my possession - whoever is late paying me, pays the late fees the utilities require me to pay). He went to his bank, PNC Bank, and got a copy of the first transacted check that was stamped as processed. My statement, however, still showed that I was not credited for that check. I called my bank and asked them what was wrong with the check that it was supposedly mailed back to me. The woman, Patty, checked and said it was stale-dated and was mailed backed to me. Looking at the copy, the check did not appear stale-dated, nor did it look manipulated or tampered with. I asked if it was possible that someone stole the check from the mail and fraudulently cashed it through another account. She said anything is possible. She said nothing could be done except for him to write me another check. I went to PNC Bank and they wouldn't really discuss my housemate's account with me, but they would say he was charged for the first check and did not get credited back for it. She could not help me anymore. I told my housemate what both banks told me. We had since been planning to visit both banks together to hear both sides for ourselves. But until now I have been very very busy during bank hours. When I am available, he is not. For a while he has been refusing to pay me for the current bills (which are all overdue for about a week now because of his withholding) because he says he paid me twice, according to his statement. But my statement was only credited for one of those times. I do not have his money to pay for the current bills. He owes me $63.57 currently. The two checks he wrote me before were both worth $86.95 each. I realize the bank is at fault here, but if they refuse to credit me for their mistakes, who loses in this situation? Me or my housemate? Does he still need to pay me? If his statement says I have his money and mine says I don't, who has a righteous case here? Is there anything I can do to fight the bank? Am I the one at war with the bank or is my roommate?
 
Last edited:


Veronica1228

Senior Member
FutureRush said:
What is the name of your state? Pennsylvania.

When I got my bank statement in March, I noticed that the check one of my housemates gave me for his portion of the bills was taken out of my account the same day I deposited it in the ATM. I went to National City and asked what happened. They said there was something wrong with the check and it was mailed to me. I never got it in the mail and it was deposited/pulled/mailed a month before. They said it might have gotten lost in the mail, though highly unlikely. They said to ask my roommate to check if it was transacted and if not he could put a hold on it so it can't be touched if recovered. Then he could write me another check. I told my roommate, but he wrote me another check before he discovered that the first was transacted. Since I was not credited for the first check, I had to deposit the second check in order to pay the bills (as a rule, I won't pay the utilities that are all in my name until I have everyone's portion of the bills in my possession - whoever is late paying me, pays the late fees the utilities require me to pay). He went to his bank, PNC Bank, and got a copy of the first transacted check that was stamped as processed. My statement, however, still showed that I was not credited for that check. I called my bank and asked them what was wrong with the check that it was supposedly mailed back to me. The woman, Patty, checked and said it was stale-dated and was mailed backed to me. Looking at the copy, the check did not appear stale-dated, nor did it look manipulated or tampered with. I asked if it was possible that someone stole the check from the mail and fraudulently cashed it through another account. She said anything is possible. She said nothing could be done except for him to write me another check. I went to PNC Bank and they wouldn't really discuss my housemate's account with me, but they would say he was charged for the first check and did not get credited back for it. She couldn't not help me anymore. I told my housemate what both banks told me. We had since been planning to visit both banks together to hear both sides for ourselves. But until now I have been very very busy during bank hours. When I am available, he is not. For a while he has been refusing to pay me for the current bills (which are all overdue for about a week now because of his withholding) because he says he paid me twice, according to his statement. But my statement was only credited for one of those times. I do not have his money to pay for the current bills. He owes me $63.57 currently. The two checks he wrote me before were both worth $86.95 each. I realize the bank is at fault here, but if they refuse to credit me for their mistakes, who loses in this situation? Me or my housemate? Does he still need to pay me? If his statement says I have his money and mine says I don't, who has a righteous case here? Is there anything I can do to fight the bank? Am I the one at war with the bank or my roommate?
It doesn't sound to me that you are at war with your roommate, but the ball is in his court. On the back of the cleared check is the information for the bank of first deposit as well as the account number at said bank where the funds were credited. If it is your bank and your account number sprayed on the back of the check, all you have to do is take that check to your bank and have them research where the funds went. The same goes for if it is your bank and a different account number.

If the BOFD is not your bank, then you and your roommate should go to his bank together to fill out an affidavit for fraud/forgery. This may take a while to get the funds back, but it is the only way to do it. Your roommates bank may even require the two of you to fill out a police report.
 

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