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Fake money out of cashpoint -who will refund money?

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  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    jamesd wrote: »
    And in 2009 a few million people did exactly that, based on the figure for the number of forgeries in circulation. Prosecution of everyone who happens to encounter forged currency is neither viable nor sensible because very few of them will even know that they were using forged currency. The actual number of prosecutions for this each year is under two thousand. Those are likely to be the people caught doing it repeatedly and for large amounts of currency as part of an organised criminal enterprise.

    I work for a firm of criminal law solicitors and a client of ours was convicted of possessing a number of fake notes. Also pleaded to possession of drugs with intent to supply. He got a high level Community Order at the crown court.

    Admittedly, that is the only case of that kind we've had since I've been there.

    I'm not saying it's massively common, just saying that an offence punishable with up to ten years in prison isn't something to just shrug off like the person I quoted suggested.
    What will your verse be?

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  • jamesd
    jamesd Posts: 26,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 August 2013 at 8:02PM
    The client there had one of the indications that makes prosecution more likely, IMO: other criminal activity, which along with multiple notes increase the chance that it was deliberate criminality rather than inadvertent. Though given the criminal activity it's at least as likely that a customer used forged notes to buy from the client. Multiple notes is particularly likely for innocent retailers but most of those who innocently handle forgeries won't have any other indications.

    Not that there is any strict requirement to have other indications, of course. Prosecution for just one forged Pound coin is possible if someone did something that caused a particularly strong desire to prosecute. Perhaps because of say the nature of their job.
  • matttye
    matttye Posts: 4,828 Forumite
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    jamesd wrote: »
    The client there had one of the indications that makes prosecution more likely, IMO: other criminal activity, which along with multiple notes increase the chance that it was deliberate criminality rather than inadvertent. Though given the criminal activity it's at least as likely that a customer used forged notes to buy from the client. Multiple notes is particularly likely for innocent retailers but most of those who innocently handle forgeries won't have any other indications.

    Not that there is any strict requirement to have other indications, of course. Prosecution for just one forged Pound coin is possible if someone did something that caused a particularly strong desire to prosecute. Perhaps because of say the nature of their job.

    I completely agree with you.

    It may not be massively common for people to be arrested and prosecuted for being in possession of counterfeit money; like you say, it would be impossible to do that for everyone in possession of it.

    I was merely saying it's irresponsible to say 'ahh don't worry about it' or words to that effect when, in fact, people can be sent to prison for being in possession of counterfeit money even without trying to use it; trying to use it being even worse.
    What will your verse be?

    R.I.P Robin Williams.
  • Hominu
    Hominu Posts: 1,671 Forumite
    Wywth wrote: »
    She can't - it's been confiscated, and the police alerted ;)

    But they didn't turn up (according to the OP) so should have been given the note back, they can't just keep it - it must be handed to "someone in authority" and a shop keeper isn't.

    (or... the note was real, they pretended to call the police hence why they didn't arrive, and the shop keeper is trying it on, that's happened before)
  • Gentoo365
    Gentoo365 Posts: 579 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    If the note is found to be fake then she should request that the transaction is reversed by her bank.

    The reason is that she did not receive the money and hence it cannot be debited from her account.

    It is then up to her bank to sort out the issue with the other bank (if they can be bothered).
  • Beetlemama
    Beetlemama Posts: 1,153 Forumite
    Eighth Anniversary Combo Breaker
    I live in fear though of getting a dodgy one confiscated, if that was your shopping money for the week and they take it off you, you're snookered. Maybe we should all buy our own note checker pens.
    "There is no substitute for time."

    Competition wins:
    2013. Three bottles of oxygen! And a family ticket to intech science centre. 2011. The Lake District Cheese Co Cow and bunny pop up play tent, cheese voucher, beach ball and cuddly toy cow and bunny and a £20 ToysRus voucher!
  • Hiya,

    thanks for everyones advice. My Nan contacted Sainsbury's and they said they are investigating and will get back to her with an answer shortly.

    As for the note, the shop still has it. She was given a receipt to say they were keeping it so hopefully it wasn't a scam act!

    I will update if and when we hear anything from Sainsburys!!
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Beetlemama wrote: »
    I live in fear though of getting a dodgy one confiscated, if that was your shopping money for the week and they take it off you, you're snookered. Maybe we should all buy our own note checker pens.
    Pay for your shopping by card?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    matttye wrote: »
    I work for a firm of criminal law solicitors and a client of ours was convicted of possessing a number of fake notes. Also pleaded to possession of drugs with intent to supply. He got a high level Community Order at the crown court.

    Admittedly, that is the only case of that kind we've had since I've been there.

    I'm not saying it's massively common, just saying that an offence punishable with up to ten years in prison isn't something to just shrug off like the person I quoted suggested.

    Nature of the beast, his customers would have been handing over large wads of cash which I doubt he checked every single one to ensure they were not forgeries
  • Beetlemama
    Beetlemama Posts: 1,153 Forumite
    Eighth Anniversary Combo Breaker
    Pay for your shopping by card?


    Usally, but you always have to have cash for somethings, like the bus or paying my friend travel money, doorstep loan, you know, the fun stuff.
    "There is no substitute for time."

    Competition wins:
    2013. Three bottles of oxygen! And a family ticket to intech science centre. 2011. The Lake District Cheese Co Cow and bunny pop up play tent, cheese voucher, beach ball and cuddly toy cow and bunny and a £20 ToysRus voucher!
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