Need advice on a Building Society dispute

[sarrge2001]

Evening all - hopefully there is someone on here who has a working knowledge of banking that can offer advice.....

My ex-wife has banked a cheque that was issued in both names (account payee only). Cheque has cleared.

Her building society tell me the only way that could happen is if I signed across the cheque in the branch after showing photo ID.

BUT - uh oh - they now admit they made a mistake and allowed her to bank it WITHOUT following procedure......

They contacted her to get written permission to transfer 50% of the funds (cheque was for over $6,000) but of course she refused (suffice to say, we don't get on)

They have just rang me and told me that they can't reverse the transaction because she has already drawn down on some of the funds, but they have "frozen" 50% (that would be my 50%) and they will gladly transfer it to my account at another bank as soon as they receive a court order

See my problem???

I have to pay a lawyer to go and get a court order despite the fact that the issue is caused by their negligence in not following their own procedures (and banking procedures in general). Who pays THOSE legal fees - hmmmm - my guess is I do.

And another gripe - if it is so important that i prove my entitlement - why doesn't she have to as well - oh thats right - she's spent some of hers!!!

I've contacted the banking ombudsman - what a waste of time - they can only investigate complaints against MY bank regarding MY account.

Anyway - any advice would be greatly appreciated (preferably not the "break their legs" type advice).

Thanks in advance