Skip to main content

Post content has been hidden

To unblock this content, please click here

Michpuss
Rockstar May 2004

Police say a crime hasn't been committed - wwyd (long sorry)

Michpuss, 24 July, 2008 at 15:50

Posted on Off Topic Posts 47

H has an IT business. A couple of weeks ago, someone approached him via their website to purchase some hardware. (this is a fairly common occurance). They accepted the quote and H asked for the money to be paid via bank transfer into the company bank account. The goods were worth about £1,000. This...

H has an IT business.

A couple of weeks ago, someone approached him via their website to purchase some hardware. (this is a fairly common occurance). They accepted the quote and H asked for the money to be paid via bank transfer into the company bank account. The goods were worth about £1,000.

This was paid in and one week later H emailed his bank manager (or equivalent these days). She put in writing to him that "the payment has been credited to your account and you are in a 'safe' zone now and the payment cannot be recalled"

So H sends out the goods via next day courier.

The following monning he gets a call from the bank to say that it was actually a cheque that had been in to the account and it has been returned and the money recalled as the cheque had not been signed by a valid signatory.

H called the couriers but they had delivered an hour before. H sends his Sales Director (a big bloke who can be quite scary!) to the address (in S.London) to try to speak to someone/recover the goods/obtain cash. He sits outside the house for 5 hours with no-one there. Several neighbours approach him as he looks suspicious and he is told that there's a group of "dodgy types" living there.

Unsuprisingly they don't respond to emails and the phone always goes to voicemail.

H went to the police to be told there is not enough evidence that a crime has been committed. They said they need to see the cheque and the letter from the bank. H produces these. They then say that there is still no evidence that a crime has been committed and refuse to take it any further.

WWYD - Should he insist the police take it more seriously? It seems crazy that he knows where the goods went (and can prove this) but the police won't even send someone round.

47 replies

  • Michpuss
    Rockstar May 2004
    Michpuss ·
    • Report
    • Hide content

    There may or may not have been funds to cover the cheque but it was signed by someone who was not a valid signatory.....which in my eyes is fraud.

    If it was an error ie, grabbing the wrong cheque book etc - then they would have responded to emails.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    Whats he going to do mich?

    • Reply
  • Michpuss
    Rockstar May 2004
    Michpuss ·
    • Report
    • Hide content

    He's definitely going to take it up with the bank. His Sales Director has a wonderful way with words so he's going to ask him to write a strongly worded letter and then he's going to show it to a lawyer friend that we're seeing over the weekend to ask him what else we can add (from a legal perspective).

    He's not keen on going back to the police but I've shown him the info you provided regarding which laws have been broken and he may go back tomorrow.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    He should look up t he theft act online, and the banking act too. esp section 35.

    i m angry on his behalf tbh at the way the bank has handled this, and since theyre available and cant run away, its them i d be attacking i think. in my experience, banks HATE anything which has even the remote possibility of getting into the public domain in relation to security/fraud which is the reason why they never publish the figures as to true credit card fraud, or how much money they end up repaying to customers who have their accounts emptied etc.

    if the bank wont capitulate, i d also threaten them with the FSA

    • Reply
  • barongreenback
    Beginner September 2004
    barongreenback ·
    • Report
    • Hide content

    Just to add to what Nick said, any banker with half an ounce of sense knows that any credit to an account can be recalled up to 2 days later through what's called a 'late return'. It's one of the issues I have with banks employing relationship managers with purely sales skills that they simply don't get taught how the basics work. I'd be getting in contact with someone more senior and putting everything in writing.

    • Reply
  • Michpuss
    Rockstar May 2004
    Michpuss ·
    • Report
    • Hide content

    Thanks for all your help with this - I think the FSA threat is a good idea as well.

    I've been telling him to change his bank for ages - he has his personal account there and also our joint account - whereas my personal account is with a bank I find far more helpful and competent.

    • Reply
  • Elvira.
    Beginner August 2003
    Elvira. ·
    • Report
    • Hide content

    I have nothing further to add, as Nick has covered more than I know about this, but I just wanted to wish you and your H luck, and I hope you get this nightmare sorted swiftly.

    • Reply
  • minerva
    Beginner January 2007
    minerva ·
    • Report
    • Hide content

    Two quick points:

    - you want the Fraud Act 2006 see here:

    https://www.legislation.gov.uk/ukpga/2006/35/pdfs/ukpga_20060035_en.pdf

    - if the bank won't help then you need to make a formal complaint to the bank. Only if that doesn't work can you make a complaint to the Financial Ombudsman Service which is free. It is the FOS that deals with complaints against banks, not the FSA.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    Minerva, the FSA has statutory oversight over the FOS, and the FOS tends to be used as an alternative to the courts. theres nothing to stop a person going direct to the FSA if the complainant feels that there has been any kind of breach of regulation.

    • Reply
  • minerva
    Beginner January 2007
    minerva ·
    • Report
    • Hide content

    Nick, this is my specialist area.

    Whilst there is of course nothing to stop people contacting the FSA, what isn't particularly well known they don't really oversee banking conduct of business as such apart from a genereal "treating customers fairly" requirement. Instead this is dealt with by the Banking Standard board. Given this sounds like a business account then the OP would want to look at this

    http://www.bankingcode.org.uk/pdfdocs/BUSINESS_CODE_2008.PDF

    and also this

    http://www.bankingcode.org.uk/pdfdocs/BC105_Q_A_leaflet.pdf

    Phone the FSA and to be quite frank they're not going to do anything and will refer you to the firm's complaints procedure and FOS. That said they are considered whether to develop rulebooks on banking conduct of business but this is obviously no help at all to the OP.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    FSA regulation is (well actually, was) also my area Minerva. I ran a directly regulated firm, and was obviously regulated myself, and remain a fellow of the securities institute. under the FSMA, one of the key objectives is "securing the appropriate degree of protection for consumers", and whilst i dont dispute that they may try to kick you back to the FOS, in light of the "protection" mandate, if the customer can demonstrate that that protection protocol has not been adhered to, in my view, they would be interested from the point of view of compliance.

    • Reply
  • minerva
    Beginner January 2007
    minerva ·
    • Report
    • Hide content

    Nick to be blunt I'm not interested in entering into a pissing contest with you about who knows more about FSMA but I am quite well aware of the statutory objectives of the FSA. I'm not going to set out my credentials here so you're going to have to take my word for it that I have an excellent grasp on what the FSA will and won't be interested in.

    The bottom line here is that the OP's husband was told incorrect information by his bank - he relied upon it and got left out of pocket as a result. That's it. A simple human error by a bank employee. These things happens every day. Yes by all means complain to the bank etc but bringing the matter to the FSA's attention will not get the OP any further whatsoever in terms of getting the money back which is what this is about. All I was trying to do was provide her with some practical advice to best focus her time and effort.

    Anyway I'm off to meetings now but best of luck to the OP in getting it sorted out - it’s a horrible situation to be in.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    In terms of not getting into a "pissing contest", it was your rather haughty and patronising assertion of "nick, this is my specialist area" which was your first line of piss agasint the wall.

    and besides, I did not say GO to the FSA, i said threaten to go to the FSA.

    lastly, i dont see anything wrong with debate on issues like this, and as (two can play the patronising game) someone who was a compliance officer for many years, i am fully aware of what the FSA does, and the legislation surrounding the industry as a whole.

    • Reply
  • minerva
    Beginner January 2007
    minerva ·
    • Report
    • Hide content

    Dearie me.

    Nick I merely pointed out I had expertise in the area as I wanted to make it clear this wasn't just a random guess. I have no issues with "debate" but the tone of your posts in response to mine came over strongly to me that you considered me to be wrong in my analysis. You may have prior experience in this area but that doesn’t mean other people don't know the area possibly even better than you might. And I am sure there are a number of areas on which you are more qualified to speak than I. I'm just not sure that the FSA's current interests and remit is one of them.

    • Reply
  • NickJ
    Beginner
    NickJ ·
    • Report
    • Hide content

    Oh i agree with you. i just took your initial assertion to be quite patronising, hence my strong replies.

    • Reply

You voted for . Add a comment 👇

×


General groups

Hitched article topics

Contest icon

Win £3,000 for your wedding

Join Hitched Rewards, where you can win £3,000 simply by planning your wedding with us. Start collecting entries, it's easy and free!

Enter now