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Cashier gave me extra £1000

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  • lindos90 wrote: »
    Hindsight is a wize man, but a bankers draft would have been better, its as good as cash, thats what we accepted when we sold our car on ebay, as you dont have to wait to see if it bounces.

    Just as a side note when I worked in the motor trade there was a spate of forged bankers drafts in which case they aren't guaranteed cash. On our banks advice we use to treat bankers drafts the same as cheques and wait fir them to clear before releasing the vehicles.
  • kurjam
    kurjam Posts: 1,342 Forumite
    Rubbish. When you take money to a bank you get a receipt, not when you take it out over the counter.

    The only 'receipt' in this case would be the money being debited from the account and appearing on the statement.


    when i withdraw money from my bank, over the counter they always ask if i want a receipt, no matter how small or large the amount i withdraw
  • kurjam wrote: »
    when i withdraw money from my bank, over the counter they always ask if i want a receipt, no matter how small or large the amount i withdraw

    I've never had this happen to me, though I must admit that I haven't needed to draw a large amount out in cash for probably 5 years.

    I can remember them asking me in the past, if I'd like my new balance and then they've written it down rather than telling me.

    It doesn't make sense that you would be given a receipt when taking something from them.
    I am a Mortgage Consultant and don't like to be told what I can and can't put in a signature so long as it's legal and truthful.
  • How about invoking the Law of Estoppel? This would ensure that the Bank cannot deny that they gave you £4000 (you have proof in your bank statement, and the fact that the cashier counted out the money - you saw this happen but it was too fast for you to count; you were running late and rushing to get to the car salesperson).

    Then whoever has the money is irrelevant.

    Worked for me - but it was in 1970. I had to indicate why I could have been in a muddle about my finances (I wasn't actually given any money but was told what I had in my account, and the amount was written on a scrap of paper (pre-computers). I then spent the amount and was then overdrawn because of this). I also had to indicate what I'd done with the money as you may not profit from it (ie put it in savings account).

    We (solicitor and me) almost had to go to court about it, but the bank backed down eventually.

    (PS - I also think this whole thing is dodgy, but just in case it isn't ... the above is something to consider).

    Jen
    x
  • (PS - I also think this whole thing is dodgy, but just in case it isn't ... the above is something to consider).

    Me too and, for the same reasons, here's my two penn'orth.

    IIRC, all this talk of involving the police puts us into theft act territory. Which goes something like "dishonestly taking the property of another with the intention to permanently deprive them of it". In other words, it's not a strict liability offence - there needs to be both the actus reus (guilty act) and the mens rea (guilty mind) for an offence to have been committed.

    So, if every word of the OP's story is true, there would appear to be no mens rea and therefore no offence.

    Conversely, if any element of the OP's story can be shown to be a lie, that might be taken as proof of mens rea. At the least - I'd be looking to stack up a couple extra charges in such a case ;)
  • Dan29
    Dan29 Posts: 4,767 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    kurjam wrote: »
    when i withdraw money from my bank, over the counter they always ask if i want a receipt, no matter how small or large the amount i withdraw

    That may be so but it doesn't prove that every cashier at every bank or building society always offers a receipt.

    As Ian Griffiths Halifax says, why would you get a receipt when you're the one receiving something?

    (Meant to quote not thank.)
    .
  • kez1234
    kez1234 Posts: 2,079 Forumite
    Well i have read this thread and it sounds to me like this man has a grudge to do with the bank, were you fired harry for the same thing?

    If this had actually...happened to me and i had asked for advice i wouldn't let people give me advice without answering or for that matter if it were true let people call me a liar in not so many words, in 7 pages you have answered twice i think?
    very strange, oh i live by that bank might pop in and tell em they are famous all over the internet and on mse :))
  • Pinzy
    Pinzy Posts: 630 Forumite
    What a shame that yet another person comes on here for help, and a lot of what they get is accusations of lying or trying to pull a fast one. Strange things like this do happen. Just because they haven't happened in your world, doesn't mean it isn't possible. One this that is certain, is that everyone has done something stupid in their life, especially when stressed.

    If they've only answered twice on 7 pages, maybe because they've had to read through pages and pages of tripe. (Only 3 posts, in 7 pages of conversation, and "Everybody here thinks it's dodgy"?) Maybe they're trying to deal with the issue instead of spending their time trying to defend themselves against accusations from strangers?

    It's what puts me off asking for help on these boards; trying to find the gem of a helpful answer in the middle of all the "you should've done this" "I wouldn't have done that", "why were you so stupid" and "it's a scam".

    My advice
    (in case you're still reading)
    Just because someone in a bank says something, doesn't mean it's true. We all know that from various PPI claims etc.
    If a cashier has made a !!!!-up, and their manager is trying to cover !!! quick, they will of course immediately threaten you with police action. It's the first thing they think of to try and scare you to give the money back quickly, thus saving their bacon.
    Try everything you can to get hold of contact details for the person you gave the money to. Don't be scared of chasing them down. There's a slim chance they may have the envelope stashed and not counted it yet, and may not know. It is after all £1000, they should be understanding if you try everything possible to get in touch with them.
    If you haven't already, contact the Citizens Advice Bureau, make an appointment for a visit, and see what they recommend.
    I would, in your shoes, have no more telephone conversations with the bank. Do everything by letter, so you will have proof of what has been said. Make sure the first letter gets sent to the branch manager. My first letter would say something along the lines of
    "I find it disturbing that although you say you have video proof of the overpayment, you refuse to show this to me, the only other party in this disagreement. I request again, a meeting at your premises, which will include showing me the video proof you profess to have. If it indeed does show that an overpayment has been made, I will then discuss an arrangement to pay the bank back the £1000 in instalments.
    I do not have the £1000 to hand, as shortly after receiving the envelope, it was delivered straight into the hands of a third party, whom as yet, I have been unable to contact for verfication.
    I am sure, if what you say is true, that there is some way you can be more lenient in your demands for immediate repayment, as the fault, if true, would be with your staff. Something the customer should not be punished for.
    I look forward to resolving this matter swiftly."

    (that rough type of thing)
    It seems most likely that you'll have to pay it back, which is unfortunate. But unless you've got a grand lying around spare, make sure you've done everything you can to ensure you a) aren't getting ripped off by the bank, b) aren't getting ripped off by Mr Car Dealer.
    Hope this helps.
    :)
  • sukysue
    sukysue Posts: 1,823 Forumite
    Part of the Furniture Combo Breaker
    Oh come on no one in their right mind would not have double checked and triple checked this money before handing it over to the dealer if only for their own piece of mind !!
    xXx-Sukysue-xXx
  • lindos90 wrote: »
    but a bankers draft would have been better, its as good as cash, thats what we accepted when we sold our car on ebay, as you dont have to wait to see if it bounces.

    Unless it's a fake. I know people in the motor trade that have been stung by that one.

    Cash is king. When I sell cars I take cash and check the notes, or drive the buyer to their bank and have them withdraw it.

    I've seen off plenty of people trying to pull a fast one on me. No one has any respect these days.
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