Shortfall in the telegraphic transfer
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In order to secure the tickets, Mr O had to send payment to Germany to pay for the tickets and the costs incurred in transferring payment. Mr O took a copy of the instructions that he received from FIFA to the bank and the exact cost of the tickets was sent by telegraphic transfer.
When the funds arrived in Germany, the amount sent had been reduced by 5 euros as an agency fee for one of the transmitting banks. Mr O said that he had explained the requirement to pay transfer costs to the bank officer who assisted him with the telegraphic transfer, but that the officer failed to take into account transfer and agency fees that would be incurred. He said that it was the bank’s fault that the payment was “short” and he had lost the tickets.
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Mr O’s claim
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Mr O claimed $80,000 from the bank. The bank said that it considered that it bore no liability for Mr O’s inability to secure tickets. However, the bank said that it was prepared to make an ex gratia offer to Mr O and discussions began about whether the bank could purchase replacement tickets for the same game.
At this time, Mr O advised that he had managed to obtain tickets for the game through another sporting body. However, he said that, during the time that it had taken him to get these tickets, the cheap airfares that had been on offer earlier in the year were no longer available and hotel costs in Germany had risen.
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Settlement
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The bank made an offer of $1,000, without admission of liability, in full and final resolution of the claim. Mr O accepted this amount and the case did not proceed to investigation.
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