Letter of Credit Forum

Dear Bankers,

An outward collection bill D/P has been unpaid by presenting bank for years. How can a remitting bank book off this transactional record in its books so as to close a/c ?. The following is the situation  enable the remitting bank unable to close the file:

a) Tracers sent to Presenting Bank requesting the unpaid reasons, but no reply (docs was confirmed acknowledged receipt by the bank). Or Traders  sent to Presenting Bank which replied Drawee that has not paid.

For above a) , Remitting Bank relayed unpaid status to Drawer who in return just  ask Remitting to continue sending tracers . Over 2 years, numerouse tracers were sent but still the bill remains unpaid by drawee.

The drawer does not authorize Remitting bank to recall docs hence the docs remained unsettled over 2 years.

Remitting bank have no alternative, but requested drawer to give  them instructions for recalling docs, but drawer has never repled to Remitting Bank.  As such, Remitting bank fromally notified drawer that if the bill can't be settled within onemonth , Remitting Bank will recall the docs even though no authorization/consent for recalling back docs is given by drawer to Remitting Bank

 Questions:

1) Is remitting bank's action for recalling back docs  in the absence of agreement by drawer vilolating  URC 522?

2) URC 522 allows Presenting Bank to return docs to Remitting Bank of no disposal  instructions to be received after 60 days from Remitting Bank , but there is no  article which allowing Remitting Bank to recall docs without the consent of drawer or without any response from drawer regarding disposal instructions of long unpaid bills.

3) If recalling back instrucrtions have never been provided by drawer ,and if Remitting Bank's unilateral recalling docs is violating URC522, how can Remitting Bank close long outsanding ?  shall the Remitting Bank allow this outstanding pending for years and years ? (Remtting Bank wants to close the a/c of drawer since no money can be debited owing to maintence fee for this long outsanding)

4) Assuming  no contradict to URC 522, remitting calling back docs in the  absenc of  the drawer's consent/instructions , but unforturnately the docs were lost in transit, shall  Remiting Bank responbile for it?(though  URC states Banks are not liable for docs if lost in transit )

5) Assuming no action of calling back docs, Remitting Bank just formally inform Drawer that it will cose the file if no settlement being made within a certain  time. Is this the correct way ? Or Remitting Bank must inform both Drawer and Presenting bank of closing file without mentiong method of disposal docs (owing to no authorization from drawer for recall docs). 

Thank you for banker's response.