Recovering a charitable donation.

Recovering a charitable donation.

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Discussion

Ginge R

Original Poster:

4,761 posts

220 months

Monday 15th December 2014
quotequote all
Does anyone know if there is scope within our legal system for having sent money to a charity you might then wish to recover that money? If so, what are the permissable grounds for recovery (ie; bad faith, failure to use the money as promised etc)?

Ginge R

Original Poster:

4,761 posts

220 months

Monday 15th December 2014
quotequote all
Thanks for the move.

It was given on the understanding that certain actions would take place, but haven't. Said charity cites 'operational decision' making. It is also engaging in what appears to be schmoozing decision makers higher up the food chain and has (imo) sacrificed core services in favour of permanent staff pension contributions.

Notwithstanding that, is a gift to a charity written in blood and irredeemable or can I, as I would like, is make them more accountable, even if it's with a shot across the bow? ONS data suggested, last week, that the charity sector is worth £40 bns or so. Big stakes these days.

Ginge R

Original Poster:

4,761 posts

220 months

Monday 15th December 2014
quotequote all
s2kjock said:
If a charity receives income that comes with specific conditions attached it has to account for the monies in line with them.

If the conditions have not been met it should not be recognising the income but effectively accounting for it as a liability until they are met. If they aren't likely to be met the funds should be repaid to the donor.

It would come down to the substance and evidence of your "understanding" with them.

Can you shed any more light on that? Ie did you write to them enclosing a cheque saying "please spend this £££ on Xx"?
I don't have a leg to stand on, I'll suck it up and send a nice e-mail. Maybe the gifting process should be more accountable and transparent.

Thanks for the explanations all.

Ginge R

Original Poster:

4,761 posts

220 months

Tuesday 16th December 2014
quotequote all
Both,

I took a lot of the bumph at face value, it's a shame that I looked on it as a conduit to doing good, and although so did they (I hope), there was a bit of a mismatch with our aspirations and expectations. I have written to the Chief Exec explaining that big policy change does not happen overnight and that they would have known about strategic shifts when they went to print.

I don't want to be a cynic but given the scope of the market, charities, chuggers and the rest of them should be as exposed to far more regulatory oversight. From here on in, Lifeboats and Prostate Cancer and that's it. Buyer beware!

Ginge R

Original Poster:

4,761 posts

220 months

Tuesday 16th December 2014
quotequote all
mph1977 said:
it is indeed a caveat emptor scenario , if you had wanted the funds restricted you should have taken appropriate legla advice and offered the funds subject to the restrictions being acknowledged by the recipients.

the hcarity sector is all ready heravily regualted by the charity commissioners in addition to the same regualtory environment any 'business' faces with HMRC/ Trading Standards/ HSE and Ofsted/ CQC / NGBs etc. if relevant
No, I simply assumed and like I suggested, I didn't think. I won't become too cynical, I'll just stick to what I know.

Silent Brown,

Like it.

Ginge R

Original Poster:

4,761 posts

220 months

Tuesday 16th December 2014
quotequote all
BertBert said:
I'm just intrigued. Was this a large donation specially negotiated? I don't think I understand giving to a charity with conditions attached.

Bert
Bert,

I decided I wanted to make a charitable gift out of company profits, nothing very fancy but not chicken feed either. And enough to want to almost, screen where it was going. My screening was informal but I went into it in a slapdash manner I guess. I simply didn't act in the same way that I'd act in another commercial mode. I got some responses which, in hindsight, shouldn't have been given. Nothing more than that really. I learned a lesson. I'm sticking this year, to two tried and tested options and will be giving services for a peppercorn sum to a military charity that is very close to my heart instead.