Is our application lost?

[ikonman]

Is our application lost?

I am game for pursuing this matter anyway legally! Lost a lot of $$$... We ae two families that sent docs for OCI (May 1) and both applications/docs came back same day last weekend and no cashier's check but rest all untouched

[indi]

Just found this online:-

Question: What is the issuing bank's responsibility to the payee of a cashier’s check that has been stolen?

Answer: If the bank is in a state that has adopted section 3-312 of the Uniform Commercial Code, or in New York, which put the same provisions in a different place in its UCC, and if the payee has received the check from the remitter and subsequently lost possession when it was lost, stolen or destroyed, the payee can make a claim for payment under Section 3-312, supported by a statement under oath as required in the law. If the statement and claim are made, the bank may pay the claim after the 90th day following the date of the check in question, and use the payment of the claim as a defense to paying the original check should it be later presented for payment.

If the check was cashed by the thief and paid by the issuing bank, the issuing bank would be liable on the payee's claim of forged endorsement, if accompanied by an affidavit of forged endorsement and non-receipt of proceeds. The bank could then initiate a claim under the transfer and presentment warranties of Article 3 of the UCC to recover from any prior endorser that it can identify (such as a depositary or collecting bank or other third party). The bank would likely take a loss if it cashed the check for the thief/forger directly.

[radzms]

BLS in NY?

I applied to BLS in NY. Did individuals in this thread apply to any other BLS locations?

- - - Updated - - -

For those folks who have their money order cashed but the application was returned, here is what you can do:

Report the money order lost with the Post Office or the entity where you purchased it from.
Call this phone number [ 1-866-974-2733 ] and check to see if the money order has been cashed yet.

USPS: https://www.usps.com/shop/replacing-money-orders.htm

Also:

1. Call you local police and file a report.
2. Goto BBB and FTC websites and file a complaint.
3. Send a certified mail to your BLS location asking to be reimbursed.
4. File a claim in the small claims courthouse.

Doing all of the above still may not get you your refund but it will atleast force BLS into thinking as to the consequences of robbing people of their hard earned monies.

I already opened an enquiry with USPS. You cannot know immediately know if this was cashed or not and it will take a couple of week before I know that information.

[Rajagort]

I am game for pursuing this matter anyway legally! Lost a lot of $$$... We ae two families that sent docs for OCI (May 1) and both applications/docs came back same day last weekend and no cashier's check but rest all untouched

I would love to be part of this as well. I don't think we will be able to go to post office/bank to reclaim, as it was issued to BLS and BLS cashed it. So, now it is all about - "did the vendor provide service or not"? I am not sure how one proves it.

I tried calling Cox this morning, not able to reach anyone. I tried calling our own Indian Consulate - no one picks up. What's the problem with these guys?

[mdabdul]

Same issue here

I just posted a thread related to the same. I received all the documents from BLS except the Cashier check, bank said they cannot do anything as its already cashed. emailed Cox they replied saying i have to contact BLS for them to refund the money and start new PIO application fresh in their website. Really sick of these freaking indian companies and government. Please lets do something, please advice how to sue them.

[RAKK]

My applications for OCI & Renunciation came back untouched missing the cashier's checks!!!

What are our options? Willing to pursue legally...

[pgubbala]

I am also in same boat.

[indi]

I just discussed with my brother's friend who is an attorney specializing in immigration law. He agreed that the best recourse would be for us to take them to court. We would need to document our communication of the absent checks with them through official means (email and/or mail), and that even their lack of response would be considered as them being implicit in the apparent crime. He indicated that a favorable action in our case would be best served by filing a combined suit against them in the specific State. He did however warn that this could mean months of legal activities before we see a resolution but that it would be important to start ASAP to avoid the possibility of them trying to weasel their way out. Finally he suggested that we file complaints with the Attorney General of the State and that they would start independent legal prosecutions as well, depending on the volume of complaints.

Perhaps we should all plan on doing this together?!

[indi]

I applied to BLS in NY. Did individuals in this thread apply to any other BLS locations?

Good question. I also applied to BLS in NY. Did anyone else experience this from any other BLS location(s)?

[tampaite]

I just discussed with my brother's friend who is an attorney specializing in immigration law. He agreed that the best recourse would be for us to take them to court. We would need to document our communication of the absent checks with them through official means (email and/or mail), and that even their lack of response would be considered as them being implicit in the apparent crime. He indicated that a favorable action in our case would be best served by filing a combined suit against them in the specific State. He did however warn that this could mean months of legal activities before we see a resolution but that it would be important to start ASAP to avoid the possibility of them trying to weasel their way out. Finally he suggested that we file complaints with the Attorney General of the State and that they would start independent legal prosecutions as well, depending on the volume of complaints.

Perhaps we should all plan on doing this together?!

The cheapest option would be to file a claim with the small claims court and then hope that BLS will pay up.

Hiring an Attorney may yield results but at what cost?

[priyaseeksoci]

The cheapest option would be to file a claim with the small claims court and then hope that BLS will pay up.

Hiring an Attorney may yield results but at what cost?

http://www.ag.ny.gov/sites/default/files/pdfs/complaints/cns001web_consumer.pdf

[Rajagort]

I just discussed with my brother's friend who is an attorney specializing in immigration law. He agreed that the best recourse would be for us to take them to court. We would need to document our communication of the absent checks with them through official means (email and/or mail), and that even their lack of response would be considered as them being implicit in the apparent crime. He indicated that a favorable action in our case would be best served by filing a combined suit against them in the specific State. He did however warn that this could mean months of legal activities before we see a resolution but that it would be important to start ASAP to avoid the possibility of them trying to weasel their way out. Finally he suggested that we file complaints with the Attorney General of the State and that they would start independent legal prosecutions as well, depending on the volume of complaints.

Perhaps we should all plan on doing this together?!

I did speak to my bank, and basically they said they can not do anything, as we chose to send it to BLS, and BLS cashed it. So, there is nothing they can do to reverse it. However, they suggested 3 options:
1. Police complaint
2. BBB complaint
3. Hire an attorney for an individual suit or a class action suit.

I think that there is a fourth option: Write a petition, signed by all of us, and send it to the Council General of India for action? After all, we did not choose to go to BLS, the Indian Consulate forced us to use them. They were acting on behalf of the Indian Consulate. If this is an option, can someone help to write up a petition (with preferably a lawyer friend)?

What I want to know is the money that we have paid is credited to our account (if there is one) at Cox, so we can send the application packet to COX (once again spending shipping charges).

[Hemavathy]

BLS returned application untouched except the money order

We are also facing the same problem. We sent the PIO application form for our kid with all docs to BLS Newyork and on tracking status then was showing as doc was received and in verifying documents status for a long time. Then it was showing status as all applications are handed over to Cox. But in Cox website it was showiing as 'No records found' and they are yet to receive handover from BLS.

But now we got the returned application and documents untouched except the money order. They have taken the money order alone and returned the applications. Seems like a fraudulent activity. If taking any legal action we are ready to join and hope a combined effort will help in seeking justice.

[RAKK]

I received my package as is minus the checks yesterday. I have gone ahead and filed a complaint with BBB, sent a mail to Indian Consulate, who basically had nothing to say except send an e-mail address (BLS's finance dept?) for me to request a refund. I intend to file a complaint with the Attorney General of MA. Should I be filing with the AG of NY, as that is where we sent the application?

Haven't filed a report with the local police yet either...

Would like to legal action against them, but not sure if it is going to result in any refund as attorney fees would eat up most of it anyway.

[indi]

Given the high profile nature of this and potential media attention, I wonder if attorneys might consider our case as pro bono (for the public good). Such attorneys would collect their fees from a verdict against BLS and we would receive our monies back. I wonder if we should reach out to well established attorneys and share our willingness to collectively pursue legal action against BLS, and inquire their interest in representing us!?