Bank FINALLY backs down and releases inheritance

Dr. Louis Hebert (above) passed away in 2015, and left $846,648.46 to each of his three children – Lorette Taylor, Marie-Louise Marlow and Louis Paul Herbert

TD Canada Trust has finally released the $846,000 inheritance it owes a family after refusing to pay because UPS lost the bank draft. 

‘We understand that we’ve reached a resolution with our customer,’ Cheryl Ficker, a spokeswoman for the bank told CBC News. 

‘It’s clear to us we didn’t get this right along the way and that there was more we could have done to come to a resolution faster.’

After the death of Dr Louis Herbert in 2015, his children Lorette Taylor, Marie-Louise Marlow and Louis Paul Herbert were the benefactors to each receive the nearly six-figure amount. 

Back in February, Lorette went to her nearby TD Canada Trust bank and obtained a bank draft, which is similar to a certified check, but the money is taken from a customer’s account immediately and held by the bank until the draft is cashed.

Lorette obtained this form of payment after she claims the bank told her it was the safest way to send the large sum of money.

Lorette obtained a bank draft to send to her brother, Louis Paul Herbert (above) via UPS. But the package with the $846,648.46 draft check never made it to him

Lorette obtained a bank draft to send to her brother, Louis Paul Herbert (above) via UPS. But the package with the $846,648.46 draft check never made it to him

She was assured alongside her husband, John, that the money could be replaced if the draft was lost. 

‘I was told there were procedures to deal with that,’ John told CBC. 

He said if the draft was lost, bank officials said they would just, ‘fill out some documentation and a new draft would be issued.’ 

Lorette and her husband sent the money via UPS from her lawyer in Georgetown, Ontario – which is about 270 miles away from her brother.  

UPS tracked the package to a parcel distribution center located north of Toronto, but after that they have no other information on it. UPS refunded Lorette the $32 it cost to mail the package, but the bank is refusing to refund her the nearly six-figure amount inheritance amount (file)

UPS tracked the package to a parcel distribution center located north of Toronto, but after that they have no other information on it. UPS refunded Lorette the $32 it cost to mail the package, but the bank is refusing to refund her the nearly six-figure amount inheritance amount (file)

Once the draft was sent, Herbert traveled to his nearby local UPS store near Cornwall, Ontario expecting to pick up the package but it never arrived. 

‘I’m waiting at the UPS store, around 3pm because that’s when they said the guys came in, nothing shows up,’ Herbert told CBC News. 

I came back in the evening. Nothing shows up… and I’m wondering, ‘What’s happened to my inheritance?”

UPS tracked the package to a parcel distribution center located north of Toronto, but after that they had no other information on it.  

‘While UPS’ service is excellent in our industry, we are unfortunately not perfect. Occasionally, the loss of a package does occur,’ spokeswoman Nirali Raval told CBC, declining to answer specific questions.

‘Our records indicate that our team followed UPS protocol and an exhaustive search for this package was completed by our Operations and Security teams. Unfortunately, we were unable to locate the package.’

UPS refunded Lorette the $32 it cost to mail the parcel and sent her an apology letter.

‘That’s nice of them to say, but it doesn’t solve my problems,’ Herbert said. 

The bank is also refusing to refund the money unless Lorette signs an agreement to pay the bank if someone cashes the lost draft. It does not expire like regular checks.

‘It also said that if something happened to me, for example, my children and my heirs and my spouse and my executor would have to pay this debt,’ she said. ‘Well, I didn’t really want to sign this.’ 

Lorette signed it, but claims the bank ‘never paid anyone a dime’. 

The bank reportedly demanded that she allow them to put a lien against her home just in case the missing draft was cashed, however, she refused.

‘If the bank really wants indemnity, then UPS should sign it,’ she said. 

‘Never in my wildest imagination did I think something like this would happen.’ 

Her brother said: ‘I should have just driven. It’s something I kick myself in the rear over every day.’

TD would not answer CBC’s questions but sent a statement that said in part, ‘before we can agree to a replacement or reimbursement, we need appropriate security to be in place.’

Herbet said that he needs the $846,648.46 to survive since he has maxed out his credit cards.

‘TD has the money. The money is actually sitting in an account with TD. Nothing has been stolen. It’s there. That’s my inheritance,’ he said. 

On Thursday, Lorette confirmed the issue had finally been resolved and that the new bank draft was now with the family’s lawyer.

‘It looks like the matter will be settled,’ she said.



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