Brother borrowed 20k without consent

m3kx

I thought they had to keep records for a minimum 6 years before getting rid?

This link gives different things and how long they should be kept for, including cash records, most of which are 6 years or more.

I hope this is relevant and of use, maybe someone else can clarify?

patanne

Sounds to me like they know they've dropped a clanger. What bank these days only keeps their records for under 2 years!! How about a complaint & threat to take to the ombudsman. A bank can tell you if you had an account 20 years ago but can't tell what happened 2 years ago - total twaddle (the polite version).

JuicyJesus

m3kx wrote: »

I thought places had to keep records for 6 years before getting rid? This link gives different things and how long they should be kept for, including cash records, most of which are 6 years+. I hope this is relevant and of use, maybe someone else can clarify?

Certain records, such as customer ID and transactional records, have to be kept for six years for money laundering purposes. However virtually everything else should only be kept for "a reasonable period of time" under the Data Protection Act, which is left up to individual organisations to define. Six years is often used as a rule of thumb but it isn't a timescale they HAVE to adhere to.

In any event, a verified and then faxed document would most likely have no record kept of it since there is no reason for them to do so.

dancingfairy

Why does it matter? Are you trying to prove the bank is liable rather than your brother for being a lier/ thief?
Just a bit baffled why you are investigating this rather than the police?
df
P.S I mean all this in a supportive way obviously, just concerned about whether this is the right use of your time/energies.

liuhutOz

In all fairness, if the bank has dropped a clanger and the money is unable to be recovered from the brother, then it seems reasonable to me that the OP goes after the bank. It would seem unusual not to keep records for so long.

NANANINANOONOO

dancingfairy wrote: »

Why does it matter? Are you trying to prove the bank is liable rather than your brother for being a lier/ thief?
Just a bit baffled why you are investigating this rather than the police?
df
P.S I mean all this in a supportive way obviously, just concerned about whether this is the right use of your time/energies.

To answer your questions...
I am definately not trying to detract blame from my brother for one moment, he is definately the one at fault to blame totally guilty whatever and should be held accountable without question.

The reason we are investigating ourselves at the moment is because the police are too busy to give it any immediate priority and they have advised us to enquire with the bank etc. using the crime number to confirm there is a case for my brother to answer and a full investigation by them will take place in due course.

I assure you it matters because when this sort of thing happens to loved ones you and they are desperately driven to find answers, you are unable to sleep at night pondering why and how they managed it and every question that pops into your head badly needs an answer in your search to justify the perpetrators reason for causing such heartbreak... How easy was it to impersonate another person? what levels did they have to stoop in order to achieve this fraud? what documents have they managed to aquire? did everyone check any suspicious transactions? Could the voice tape of the phone call really have sounded like an 84 year old man to anyone?

If the bank did make any mistakes then they should be answerable but equally if they did everything correct they should be happy to supply information that can be used to prove my brothers crime.

Believe me it is not easy to sit back if you are an intelligent questioning person, you too would want to learn to safeguard yourself once you realise how rife this sort of thing is but most of all if you care about the victim you want to get them peace of mind answers asap. Honestly it helps to do something constructive to keep occupied just waiting for something to happen is hard especially when dad is getting no contact from anyone, receiving updates on findings is helping my dad.

PS I realise your questions are only in support :0)

preciousillusions

Wow I just read through most of this thread and could not exit without commenting. I am so so sorry you are having to deal with all this, as well as your poor Dad and really hope the police step up to the mark soon and that your brother faces up to what he has done. I can't imagine how hard this is for you. You should give yourself credit for dealing with all of this and supporting your father, just make sure you take care of yourself in the process as much as you can, too.

superflyguy1971

I've been lurking on this thread for some time but haven't had any contribution to make until now.

When I used to work in the IT dept for one of the big four uk banks (think blue eagle) we had to keep records for 7 years this wasn't related to DP but more an FSA thing I was led to believe. The FSA is now the FCA so perhaps you may have some recourse to raise a query or compaint with them on behalf of your father see www . fca . org . uk

BrookesAndrew

Just so terrible. I really hope the bank or police can do something. This is just terrible and should never of been able to take place in the first place. A massive well done to you for dealing with this.

imho

I thought Banks had to keep all paperwork for 6 years.

NANANINANOONOO good luck with sorting this mess out and i hope your brother has to pay back all the money he defrauded his father.