Fake Scottish £20 note used to part pay B&B bill

garthdp

A friend of mine (really!) runs a small B&B and today some visitors checked out, paying the balance of the bill in Scottish notes to a member of staff who assumed they were legal tender.On taking them to the post Office he was told one of them was fake and it was handed back to him.

The reservation was made by this persons mother and she paid the deposit by credit card which is of course common practice.As he is now £20 down, is he entitled to take the £20 from her card as the contract was in essence with her, not the daughter and she should be liable for the shortfall.

He still has the fake note and knowing him he will not try to pass it on which would be pretty hard down on the South coast where he lives as not many people if any would accept them.

tcr_3

There's quite a few Scottish £20 notes in circulation, as a Scot even I have to do a double take when looking at some of them. I'd suggest he takes it to his bank and have it checked out before he does anything else.

I certainly don't think he can charge the credit card twenty pounds, it's generally the bearer of the note who carries the loss ... and that's him.

garthdp

it is definately a fake according to the post office.

But on the other issue, I would ask is the person who made the booking and with whom he has the contract not responsible for the settling of the bill?

smk77

garthdp wrote: »

it is definately a fake according to the post office.

But on the other issue, I would ask is the person who made the booking and with whom he has the contract not responsible for the settling of the bill?

Surely your friend would need to prove that this guest paid with a fake note? And, as the guest used a fake note perhaps the credit card did not belong to the mother but was in fact stolen?

I think that your friend needs to just take the hit and move on. It's only £20.

tcr_3

The bill's been settled. He accepted the note. If it turns out to be fake it's his loss.

The post office should've confiscated the note anyway, not given it back to him.

tcr_3

In fact, having had a look at the Bank of England site, your friend is committing an offence by even holding onto the note, he needs to hand it into the Police.

"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."

http://www.bankofengland.co.uk/banknotes/about/faqs.htm#7

garthdp

You are correct tcr the post office should have kept it but for some reason they didnt, dont ask why because I dont know.I would argue that the bill has not been settled


stop press!!! My mate just called and said he rang the lady who made the reservation and she agreed that he should take the money on her credit card.Job Done.

she wants the fake one returned to her though and looking at your last post its seems that that is not a good idea

tcr_3

I don't think that was very fair of your friend, asking the woman to cough up. It's no more her fault than it was his.

Ho well, each to their own I guess.

garthdp

She made the booking, the contract for payment is with her, she is liable for the payment ,get over it.They stayed at his hotel where he provided all services and goods promised in the contract, why should he be short?

The daughter has potentially comitted a criminal offence if she knowingly passed on a forgery.We do, not of course know that but at least my mate got his money.I bet that you would not take it on the chin so easily if someone slipped you a forgery or two.Twenty quid pro quo

darkblue_2

A very simple crash course on the contract legal system:

The B&B owner 'offers' his rooms for use. The guest 'accepts' the offer and pays the fee. This is deemed as 'offer & acceptance'. The cash was taken as payment of the room. The contract is complete. You can refuse any form of payment at the time it is offered. Only English notes are 'legal tender' in England - although the term is misleading. It doesn't mean you are obliged to take it as payment.

http://www.bankofengland.co.uk/banknotes/about/faqs.htm#16

Are Scottish & Northern Irish notes legal tender?
In short ‘No’ these notes are not legal tender; only Bank of England notes are legal tender but only in England and Wales.
The term legal tender does not in itself govern the acceptability of banknotes in transactions. Whether or not notes have legal tender status, their acceptability as a means of payment is essentially a matter for agreement between the parties involved. Legal tender has a very narrow technical meaning in relation to the settlement of debt. If a debtor pays in legal tender the exact amount he owes under the terms of a contract, he has good defence in law if he is subsequently sued for non-payment of the debt. In ordinary everyday transactions, the term ‘legal tender’ has very little practical application.

It is illegal to try and spend a forged note - therefore legally he should hand it in to the police.

Personally, and I'll get into trouble for this, I would try and spend it at a large retailer.

The other option is take the hit, buy a UV light for fake note detection and learn from his mistake.
Hopefully it doesn't put him off Scottish notes - which are fine. It could have happened with any note of any origin.

garthdp

He is going to hand it in, he is an honest man (which is more than you are from what you posted above:eek:) and would not knowingly pass on a forgery.However that does not mean he is not entitled to get paid for services rendered and the lady who made the contract is morally responsible for it if you understand the concept behind that.
Either way they have coughed up which makes them appear more honest than you as well.:cool:
thanks for taking the time