Spending money wrongly credited to you

Spending money wrongly credited to you

Author
Discussion

InitialDave

11,927 posts

120 months

Wednesday 17th October 2018
quotequote all
I assume someone using a small local PO for such things probably lives locally in a smaller village etc, so the term "stting on your own doorstep" comes to mind.

Guess their thought process is that it's the big faceless organisation of the Post Office at large that they're pocketing money from.

pavarotti1980

4,926 posts

85 months

Wednesday 17th October 2018
quotequote all
DrSteveBrule said:
Briefly...

• Friend's of the family run a small post office (not local to me)
• Woman paid £800 cash into her bank account
• Teller mistakenly enters sum as £8000
• Mistake spotted, bank and police told. Police aren't taking any action as the woman is now claiming she did pay in £8000. She's subsequently spent most of it.
• PO are expecting the £7200 to be paid by the friends

What can be done?
Surely in that case there was a shortfall of £7,200 when the PO staff do the "cash up" or whatever the process is at the end of the day?

Of course the PO dont have form for this type of thing (different circumstances but happy to hang people out to dry) apologies for DM link
https://www.dailymail.co.uk/news/article-3568762/P...

ralphrj

3,533 posts

192 months

Wednesday 17th October 2018
quotequote all
roadsmash said:
98elise said:
They won't do anything. Fraud is classed as a civil matter by the police. I know from experience.
It’s not fraud:

V8LM said:
It’s theft under the Theft Act - retaining wrongful credit
This is correct.
Section 24A, subsection 1 of the Theft Act of 1968.

Punishable by up to 10 years in prison.

I thought it had been repealed and replace by the Fraud Act 2006 but that seems to only apply to subsections 3 and 4.

Pothole

34,367 posts

283 months

Wednesday 17th October 2018
quotequote all
jamei303 said:
It's really the Post Office's job to get this right, they're running a money-handling business. If they neither have systems in place to avoid such mistakes, nor can cope with the consequences of such mistakes, then they're in the wrong business.

The police have better things to do than sort out banking errors caused by banking staff.
Exactly. A nasty and expensive situation for the OP's friends but not really in the public interest to spend the time and money necessary to bring it to any sort of conclusion by the police. If there was any readily available evidence the friends would already have it, surely?

V8LM

5,174 posts

210 months

Wednesday 17th October 2018
quotequote all
ralphrj said:
roadsmash said:
98elise said:
They won't do anything. Fraud is classed as a civil matter by the police. I know from experience.
It’s not fraud:

V8LM said:
It’s theft under the Theft Act - retaining wrongful credit
This is correct.
Section 24A, subsection 1 of the Theft Act of 1968.

Punishable by up to 10 years in prison.

I thought it had been repealed and replace by the Fraud Act 2006 but that seems to only apply to subsections 3 and 4.
IANAL, but for prosecution under the Act for retaining wrongful credit the payment has to be 'wrongful' (theft, blackmail, fraud, stolen), none of which apply. However, drawing the money out of the account and spending it becomes theft, but possibly only if the PO can prove the lady knew the money was in her account in error.

Ultimately it should land at the door of the FO: https://www.financial-ombudsman.org.uk/publication...

Edited by V8LM on Wednesday 17th October 10:27

anonymous-user

Original Poster:

55 months

Wednesday 17th October 2018
quotequote all
Pothole said:
not really in the public interest to spend the time and money necessary to bring it to any sort of conclusion by the police.
That seems to be a common theme with the police scratchchin

S11Steve

6,374 posts

185 months

Wednesday 17th October 2018
quotequote all
I'm dealing with an insurance settlement at the moment where the insurance company have, in their infinite wisdom, paid the hirer of the vehicle the settlement instead of the owner of the vehicle.

She's currently in Dubai blowing the proceeds, so I can guess how it is going to end.

jamei303

3,005 posts

157 months

Wednesday 17th October 2018
quotequote all
speedyguy said:
That seems to be a common theme with the police scratchchin
It would be wasting their time along these lines:

999 - Emergency which service?

- Police please

- Can you tell me what is the emergency?

- Hi I was charged £3.50 for some strawberries in Tesco instead of £2 and they won't give my £1.50 back

- Did you ask them?

- Yes they said I need the receipt but I don't have it. Can you arrest the store manager for theft please?

- ...



S11Steve

6,374 posts

185 months

Wednesday 17th October 2018
quotequote all
jamei303 said:
speedyguy said:
That seems to be a common theme with the police scratchchin
It would be wasting their time along these lines:

999 - Emergency which service?

- Police please

- Can you tell me what is the emergency?

- Hi I was charged £3.50 for some strawberries in Tesco instead of £2 and they won't give my £1.50 back

- Did you ask them?

- Yes they said I need the receipt but I don't have it. Can you arrest the store manager for theft please?

- ...
Exactly - the police have got far more important things to do like deal with upsetting comments made on Twitter and Facebook

steveo3002

10,534 posts

175 months

Wednesday 17th October 2018
quotequote all
police? yes he called me (racist word) , we will be round straight away and make a big fuss

Vanordinaire

3,701 posts

163 months

Wednesday 17th October 2018
quotequote all
Look at it from the other side. If the "depositor" came on here and started a new thread:-

"I recently deposited £8000 cash at my local Post office, they took my money and gave me a receipt for the full amount. A couple of days later they've come back to me saying they made a mistake, when they added up their cash they were short so I must've only given them £800 and I have to give them £7200 or they will go to the police/start legal action against me. There were no witnesses or CCTV and they counted the money and gave me a receipt. Where do I stand?

What advice would you give?

MB140

4,077 posts

104 months

Wednesday 17th October 2018
quotequote all
Whenever I deposit cash in the bank. I have to fill out a paying in form with the denomination of notes that make up the total. This is duplicated twice. One for the bank and one for me.

Surely the PO stil have the paying in slip (never paid cash in at a post office but I’m assuming they have similar). A quick check of the paying in slip would revel the true amount. Regardless of what was actually typed in to the computer. Surely that is proof that only £800 was actually paid in.

tigger1

8,402 posts

222 months

Wednesday 17th October 2018
quotequote all
DrSteveBrule said:
Briefly...

• Friend's of the family run a small post office (not local to me)
• Woman paid £800 cash into her bank account
• Teller mistakenly enters sum as £8000
• Mistake spotted, bank and police told. Police aren't taking any action as the woman is now claiming she did pay in £8000. She's subsequently spent most of it.
• PO are expecting the £7200 to be paid by the friends

What can be done?
How long ago did it happen?

Is there CCTV showing anyone counting the notes as they were deposited?


anonymous-user

Original Poster:

55 months

Wednesday 17th October 2018
quotequote all
jamei303 said:
speedyguy said:
That seems to be a common theme with the police scratchchin
It would be wasting their time along these lines:

999 - Emergency which service?

- Police please

- Can you tell me what is the emergency?

- Hi I was charged £3.50 for some strawberries in Tesco instead of £2 and they won't give my £1.50 back

- Did you ask them?

- Yes they said I need the receipt but I don't have it. Can you arrest the store manager for theft please?

- ...
Hardly the same thing.

So, if you had £7200 stolen from you, you’d be happy for the Police to shrug it off, and leave you to it?

It’s a sad thing when such theft is so easily dismissed.

Regiment

2,799 posts

160 months

Wednesday 17th October 2018
quotequote all
DrSteveBrule said:
Briefly...

• Friend's of the family run a small post office (not local to me)
• Woman paid £800 cash into her bank account
• Teller mistakenly enters sum as £8000
• Mistake spotted, bank and police told. Police aren't taking any action as the woman is now claiming she did pay in £8000. She's subsequently spent most of it.
• PO are expecting the £7200 to be paid by the friends

What can be done?
The presumption is that it would have been caught same day when everything was counted up at the end, there should be CCTV of woman handing the cash over and there should be a receipt, one copy held by the woman and one held by the post office. The CCTV and the receipt should have been the first thing to be looked at before the bank and police were informed.

98elise

26,644 posts

162 months

Wednesday 17th October 2018
quotequote all
V8LM said:
ralphrj said:
roadsmash said:
98elise said:
They won't do anything. Fraud is classed as a civil matter by the police. I know from experience.
It’s not fraud:

V8LM said:
It’s theft under the Theft Act - retaining wrongful credit
This is correct.
Section 24A, subsection 1 of the Theft Act of 1968.

Punishable by up to 10 years in prison.

I thought it had been repealed and replace by the Fraud Act 2006 but that seems to only apply to subsections 3 and 4.
IANAL, but for prosecution under the Act for retaining wrongful credit the payment has to be 'wrongful' (theft, blackmail, fraud, stolen), none of which apply. However, drawing the money out of the account and spending it becomes theft, but possibly only if the PO can prove the lady knew the money was in her account in error.

Ultimately it should land at the door of the FO: https://www.financial-ombudsman.org.uk/publication...

Edited by V8LM on Wednesday 17th October 10:27
Either way the police have decided no crime has been committed.

Ed/L152

480 posts

238 months

Wednesday 17th October 2018
quotequote all
MB140 said:
Whenever I deposit cash in the bank. I have to fill out a paying in form with the denomination of notes that make up the total. This is duplicated twice. One for the bank and one for me.

Surely the PO stil have the paying in slip (never paid cash in at a post office but I’m assuming they have similar). A quick check of the paying in slip would revel the true amount. Regardless of what was actually typed in to the computer. Surely that is proof that only £800 was actually paid in.
The PO doesn't have any paying-in slips - you insert your card in the machine (or they have to scan it on their machine behind the counter depending on the bank you use), you hand over the cash, teller counts it out, tells you what they counted, enters it on their terminal, you press 'yes' on the card machine to agree the amount, the teller gives you a receipt, the money shows in your bank account immediately.

If the teller made an error the customer would/should have known immediately, but in retrospect it would be difficult to prove either way without CCTV. It isn't impossible that the teller pocketed the £7200.

MB140

4,077 posts

104 months

Wednesday 17th October 2018
quotequote all
Ed/L152 said:
MB140 said:
Whenever I deposit cash in the bank. I have to fill out a paying in form with the denomination of notes that make up the total. This is duplicated twice. One for the bank and one for me.

Surely the PO stil have the paying in slip (never paid cash in at a post office but I’m assuming they have similar). A quick check of the paying in slip would revel the true amount. Regardless of what was actually typed in to the computer. Surely that is proof that only £800 was actually paid in.
The PO doesn't have any paying-in slips - you insert your card in the machine (or they have to scan it on their machine behind the counter depending on the bank you use), you hand over the cash, teller counts it out, tells you what they counted, enters it on their terminal, you press 'yes' on the card machine to agree the amount, the teller gives you a receipt, the money shows in your bank account immediately.

If the teller made an error the customer would/should have known immediately, but in retrospect it would be difficult to prove either way without CCTV. It isn't impossible that the teller pocketed the £7200.
Well who knew as I said I never deposit cash at a post office. You would have thought they had some sort of paper system just to catch mistakes like this. Oh dear seems there on the hook with the post office then.

MuscleSaloon

1,552 posts

176 months

Wednesday 17th October 2018
quotequote all
tigger1 said:
Is there CCTV showing anyone counting the notes as they were deposited?
My first thoughts. Surveillance is cheap enough, why would it not be present where cash handling takes place ?

Pothole

34,367 posts

283 months

Wednesday 17th October 2018
quotequote all
speedyguy said:
That seems to be a common theme with the police scratchchin
Things will not change until people like you stop making snide insinuations and actually take the time to write to your MP or otherwise campaign for change. Whining about what's not being done when you should know full well that police forces are on the bones of their backsides and are trying to operate as best they can with severely restricted budgets is utterly pointless, and pretty stupid, isn't it?
If Joe Public really gave a toss about frontline policing there would be demos every weekend outside Westminster. It's clear by the absence of same that ineffective moaning from distance is the preferred option.