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Brother borrowed 20k without consent

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  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    IMO opinion you have to sue the brother if you can get sufficient proof - this will cost you more money - does he have any of the funds left to pay you?
    The fact that the father has full mental capacity and freely gave him the log in details of his internet banking means any case against the bank will fail.

    For the bank accounts yes and online transactions. Not the transactions where he went into the bank for shares, with proofs of ID, etc.
  • For the bank accounts yes and online transactions. Not the transactions where he went into the bank for shares, with proofs of ID, etc.
    The branch is very unlikely to have sold any shares.
    We don't know what documents have been signed for whom and what ID has been provided.
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    The branch is very unlikely to have sold any shares.
    We don't know what documents have been signed for whom and what ID has been provided.

    Exactly we don't know. So if the bank HAS been negligent in any in store transactions, with proofs, etc. There is always the possibility after the investigation is concluded, he MAY have a case against the bank.

    I don't think op or anyone should be put down for suggesting its a possibility. No on can say a case against the bank WILL fail, if the go that route later on. It may not.
  • JuicyJesus
    JuicyJesus Posts: 3,831 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    For the bank accounts yes and online transactions. Not the transactions where he went into the bank for shares, with proofs of ID, etc.

    Sharedealing services in banks are provided solely execution-only. Were they to offer any advice they would be liable for it.

    If someone walks in and says they want to transfer their sharedealings they have very little option but to comply, especially if the customer is insistent.
    urs sinserly,
    ~~joosy jeezus~~
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    JuicyJesus wrote: »
    Sharedealing services in banks are provided solely execution-only. Were they to offer any advice they would be liable for it.

    If someone walks in and says they want to transfer their sharedealings they have very little option but to comply, especially if the customer is insistent.
    But brother was not the customer was he? Being insistent is not enough ....
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • ILW
    ILW Posts: 18,333 Forumite
    Does the brother have any assets?
  • NANANINANOONOO
    NANANINANOONOO Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    edited 27 October 2013 at 8:39PM
    To clarify some recent responders questions/comments...

    My brother owns a nice home and nice car plus lots of good quality possessions and material items but we have no idea if his house is remorgaged or if and to what extent any of his other 'belongings' are part of his outstanding debts. My brother has revealed nothing so dad will only learn this following police investigations.

    The 20k in shares were not with the bank but it was the bank that provided the approved proof to the shareholders that allowed them to release the shares - we have yet to learn what my brother did to achieve this and hopefully CCTV will eventually reveal more. Dads total loss is over 50k.

    I am really struggling daily with my own overwhelming feelings of hurt and anger and am pretty desperate for someone to take all this weight away from me so who knows how my dad must feel inside? It means a lot to get true reflective responses and ideas from independant strangers (even the harsh ones) on here instead of burdening my immediate family and friends with my fears. I know those close to me are worried about how low and tearful I am but I dont want them to know how my days are filled with endless anxiety and sadness about my dad.

    I know some people on here are judging my dad for letting his son have access to his account and I guess people who know him when they learn about it will eventually do the same but the only people who wouldnt have done similar in his position are those who in effect do not trust their son? I know how the bank regard this sort of thing but there are hundreds of elderly or disabled people who are forced to trust family and this betrayal never happens to them, thankfully far more than those that do get fleeced and thats because it is wrong wrong wrong! Hindsight is a wonderful thing, my dad feels foolish enough already without people judging him harshly for believing his own son was trustworthy :0(
  • Bella54
    Bella54 Posts: 26 Forumite
    Hello

    Of course your Dad trusted his son. Why would he not?

    What a terrible position you are in. Feel really sad for you in regards to your own relationship with your brother and everything else that goes with it. Must be an awful time for you.

    Please keep posting and getting support from the great people on here. As for those who judge - ignore them.

    Bella
  • kanute50
    kanute50 Posts: 58 Forumite
    I agree wholeheartedly with bella54.

    This must be so hard for you. Your Dad must really be hurting, and you too.

    Try to keep your chin up.
  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
    A few years ago I was conned by a so-called close friend to the tune of around £13k. Because I'm a truthful person, I tend to believe what people tell me.. and she was a total tissue of lies from end to end. It was a hard lesson to learn and a costly one to me. I cannot imagine how awful it must be for that to happen to someone who is a close relation, and a trusted one.

    I know it took me a long time to 'let go' of my feelings. Easier for me to do it as she was only a so-called friend, and not a relation who will always be there.

    Thinking of you <<hugs>>
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