Fraudulent bankers draft!!!!!!!!!!!!!!!!
Discussion
I haven't read through all of this, but in my view THE BANK IS RESPONSIBLE.
If the bank told the two of you that the draft was genuine they really have no leg to stand on - they made the choice to tell you that and to accept it.
Go to a solicitor now and swear an affidavit of what happened - that means you are swearing on oath that the bank OK'd it in front of the two of you AND accepted it as being genuine. The solicitor will need to be a commissioner of oaths to do this. The bank does not have to accept the draft but it chose to do so.
Then throw the book at them using a central London very high power solicitor if you can and try to use their PRO BONO service - this is in the public interest at NO CHARGE if they decide to take it on, though you may have to pay court costs. Alternatively, use a solicitor of your choice on a "conditional fee" basis. This is a sort of no win no fee type of deal, but the fee will be a little higher at the end in the case of success. Court costs here again.
Apart from that, contact every media you can to blacken the name of the bank. Best to take advice from a solicitor first before you do this as it may affect your case if you go ahead and do it prior to suing them. By all means threaten the bank with this action in any case.
You could also contact the banking ombudsman, but this tends to be slow. You should also highlight the no action of the police - was it Essex Police?
I'm hoping to set up a website soon to deal with just this sort of thing, but it may take a while as I'm a beginner at such things - website setup that is.
THE BANK IS RESPONSIBLE!
If the bank told the two of you that the draft was genuine they really have no leg to stand on - they made the choice to tell you that and to accept it.
Go to a solicitor now and swear an affidavit of what happened - that means you are swearing on oath that the bank OK'd it in front of the two of you AND accepted it as being genuine. The solicitor will need to be a commissioner of oaths to do this. The bank does not have to accept the draft but it chose to do so.
Then throw the book at them using a central London very high power solicitor if you can and try to use their PRO BONO service - this is in the public interest at NO CHARGE if they decide to take it on, though you may have to pay court costs. Alternatively, use a solicitor of your choice on a "conditional fee" basis. This is a sort of no win no fee type of deal, but the fee will be a little higher at the end in the case of success. Court costs here again.
Apart from that, contact every media you can to blacken the name of the bank. Best to take advice from a solicitor first before you do this as it may affect your case if you go ahead and do it prior to suing them. By all means threaten the bank with this action in any case.
You could also contact the banking ombudsman, but this tends to be slow. You should also highlight the no action of the police - was it Essex Police?
I'm hoping to set up a website soon to deal with just this sort of thing, but it may take a while as I'm a beginner at such things - website setup that is.
THE BANK IS RESPONSIBLE!
Edited by firefox1712 on Thursday 15th June 23:48
I'm really gutted to hear this story. It's the nightmare we all must fear. I'd have thought the bank was responsible but who knows what weasle words abound in this business.
As somebody has said earlier, one of the things most businesses fear is bad publicity. As there are a number of us from all over the country on this site, how about making our presence felt. All we need to do is take a copy of this thread; take it into our local RBS branch; ask for the manager and hand it over. Fifty or more of these passed over the counter would surely make an impact, and give RBS something to think about.
As somebody has said earlier, one of the things most businesses fear is bad publicity. As there are a number of us from all over the country on this site, how about making our presence felt. All we need to do is take a copy of this thread; take it into our local RBS branch; ask for the manager and hand it over. Fifty or more of these passed over the counter would surely make an impact, and give RBS something to think about.
I am a bit shocked by this thread, the person in question attempted to buy my M3, (I am 99% certain its the same person - I remember his name was Thomas, foreign accent, working in london etc.)
He called me and arranged to simply come and buy the car, very few questions asked although he said when he could pick it up exactly he wasn't sure as he was very busy. I asked about payment - he said he would bring a bankers draft for the full amount and take the car one evening in the week. I was concerned about taking a draft and not being able to check its validity with the Royal Bank of Scotland (who he said he banked with)
Eventually he messed about so much i told him to take it leave it, if he wasnt coming to stop phoning me and messing me about. We arranged on a thursday evening for him to collect the car the day after, friday evening. In that short space of time a local person viewed the car friday morning, and came back with cash friday afternoon and took the car away. A lucky escape i guess.
Initial doubts crossed my mind when he wanted to bring a draft after banking hours, buy he sounded very genuine. I am really sorry you have lost your car in this manner. I still have his number on my phone - 07737516104 - just to confirm it is definately the same person, although his looking for cars in the same area and all the other things just add up. If you need anything from me please let me know. I have tried calling the number again, but like you say it goes straight to answer phone.
All i can say is its such a crap way to lose a car, hopefully the bank will have to accept some responsibilty for it. good luck!
He called me and arranged to simply come and buy the car, very few questions asked although he said when he could pick it up exactly he wasn't sure as he was very busy. I asked about payment - he said he would bring a bankers draft for the full amount and take the car one evening in the week. I was concerned about taking a draft and not being able to check its validity with the Royal Bank of Scotland (who he said he banked with)
Eventually he messed about so much i told him to take it leave it, if he wasnt coming to stop phoning me and messing me about. We arranged on a thursday evening for him to collect the car the day after, friday evening. In that short space of time a local person viewed the car friday morning, and came back with cash friday afternoon and took the car away. A lucky escape i guess.
Initial doubts crossed my mind when he wanted to bring a draft after banking hours, buy he sounded very genuine. I am really sorry you have lost your car in this manner. I still have his number on my phone - 07737516104 - just to confirm it is definately the same person, although his looking for cars in the same area and all the other things just add up. If you need anything from me please let me know. I have tried calling the number again, but like you say it goes straight to answer phone.
All i can say is its such a crap way to lose a car, hopefully the bank will have to accept some responsibilty for it. good luck!
Edited by ToM3 on Sunday 18th June 22:58
Just as an afterthought this thread may well atrract interest in the BMW forum, as well as other BMW forums - it seems to me he was after a particular car - maybe he has made more than one attempt to purchase M3's. Worth a try, someone else may have more info on him which can only help your case. Also he was meant to be collecting my car on the 11th may (six days prior to taking your car if it was two weeks prior to your initial post), so no doubt was in contact with us both at similar times, and probably others too.
Another version of this thread with some other info is over in the BMW forum if anyone cares:
www.pistonheads.com/gassing/topic.asp?t=274885&f=72&h=0
www.pistonheads.com/gassing/topic.asp?t=274885&f=72&h=0
Guys I have just sent an email of complaint to the RBS and One Account. Please will you lend some weight to our argument by emailing them on the contact us sections of their sites, www.rbs.com and www.oneaccount.com with a "help Jon and Mike"type theme?
Really appreciate all your help. Mike
Really appreciate all your help. Mike
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