Fake Banknote? Help please

Mankysteve

I must say I work on checkouts ad have never been told to confiscate bad notes I've handed back a fake £20 before

Tarry

If I get any fake notes at work I was told to confiscate them which I do, do.

mr_fishbulb

mustrum_ridcully wrote: »

Who ever told you that is wrong.

http://www.bankofengland.co.uk/banknotes/about/faqs.htm#7
Therefore the instant a shop assistant has a fake and is aware of that they aren't allowed to hand it back to the customer as they'd be breaking the law...

This site seems to contradict that (well for stained, presumed stolen, notes at least) -
http://www.banknotewatch.co.uk/retail.html

• [FONT=Verdana, Arial, Helvetica, sans-serif]Customers should be advised to take stained notes to the nearest Bank or Post office and obtain the appropriate application form for the repayment of damaged notes.

[/FONT]

mustrum_ridcully

davetrousers wrote: »

Well it doesn't really say that does it (donning my pedantic hat)?

I wonder if there is a documented and publicly available procedure for shops.

The OP didn't know (or think) that they had a fake note. Nor does this say that a shop worker may confiscate.

My query is how can somebody in a shop confiscate your belongings simply because that in their opinion it is counterfeit?

Doesn't really matter if the OP's hubby thought the note was a fake or not. The note was passed onto someone else (in good faith), that person then thought/suspected that the note was counterfeit.

At that very moment the situation changes, the shop assistant is in possession of what they think to be a forged bank note and to quote the BoE "If you think a note that you have is a counterfeit you must take it to the police as soon as you can."

So to be pedantic maybe it's not really confiscation, it's that the shop assistant is not allowed to hand bank the note. The penalty for passing on a forged bank note can be upto 10 years (albeit unlikely).

The shop assistant should of taken name and address (if only to pass onto the police, see link below) so in that aspect ASDA are in the wrong.

The OP should be thankful that hubby hasn't appeared on a police force website
http://www.wiltshire.police.uk/index.php?option=com_content&view=article&catid=43:news&id=684:forgednotes&Itemid=50 :eek:

davetrousers

So can anyone find any official rules (guidelines) for what a shop worker should do?

As I said before: how can somebody in a shop confiscate your belongings simply because that in their opinion it is counterfeit?

Mankysteve

I agree with above poster nowhere yet have we seen anything stating that cashier are allowed to take the note/recommended to.

DVardysShadow

mustrum_ridcully wrote: »

The note real or fake is your property. The shop cannot confiscate it.

That's what I was told anyway.

Who ever told you that is wrong.

http://www.bankofengland.co.uk/banknotes/about/faqs.htm#7
Therefore the instant a shop assistant has a fake and is aware of that they aren't allowed to hand it back to the customer as they'd be breaking the law...

Since when has an FAQ list been the law?

Actually, if you read the FAQ in question, it says

What should I do if I think I have been given a counterfeit note?
If you think a note that you have is a counterfeit you must take it to the police as soon as you can. They will provide you with a receipt and send the counterfeit to the Bank of England for analysis. If the note is genuine reimbursement will be made in full.
A counterfeit note is completely worthless and it is a criminal offence to hold or to pass on a note which you know to be counterfeit.
Don’t get caught out by the counterfeiter; always check your banknotes.

That certainly is NOT advice which permits a shop assistant to confiscate. If the assistant has accepted the note in payment, then the advice is what they should do. But only if they have accepted the note in payment. If they don't accept the note in payment, it is for the person paying to follow the bank advice and for the assistant to hand the note back.

mustrum_ridcully

Of course the law says nothing about the cashier taking it, it doesn't have to because it states that you are not allowed to pass on a note you think is forged. That implicitly means they cannot hand it back.

Forgery and Counterfeiting Act 1981:
15 - (2) It is an offence for a person to deliver to another, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin.

Customer is in possession of a £20 they think is genuine.
Customer lawfully delivers the £20 to the shop assistant.
Shop assistant is now in possession of the £20 note.
Shop assistant thinks the £20 note is forged.
The shop assistant cannot lawfully deliver the forged note to the customer.

Also the OP rang the BoE and they said the shop did the right thing.

BTW this is what the Police say:

I got a forged bank note, what should I do?

If you are a shop owner or employee and you know or suspect the person who has passed it to you then you should put the note in a bag to preserve any fingerprint evidence and hand the note into the nearest police station. If there is no suspect the police may not get involved and you should therefore hand the note into a bank.


As a shop owner/business owner you should contact your local crime prevention officer who will be able to advise you on preventing further instances of this happening, and can ascertain whether there are any other shops or businesses in the area that has received any so that appropriate action can be taken. Also see the website in related information for more details.


If you have been passed a forged bank note in change when you have bought something you should hand it into the local police station and give details, if at all possible, of where you were given it. The police will keep the note as evidence.


UNDER NO CIRCUMSTANCES try to use or pass on the note to someone else, the penalty could be up to 10 years in prison and it just isn't worth the risk.

davetrousers

mustrum_ridcully wrote: »

it states that you are not allowed to pass on a note you think is forged. That implicitly means they cannot hand it back.

BTW this is what the Police say:

Is handing back considered the same as passing on then? Seems unlikely to me.

Could you post a link for this please?

PS note how we haven't heard back from the OP!

gordikin

davetrousers wrote: »

PS note how we haven't heard back from the OP!

Note?...I got it!