Is this a scam?

SkittlesnBandaid

Hi Grumpy _chap

The LPA has just come back to me after chatting with the folks and it appears the had at least one close discussion/exchange with the lender who assured them wholeheartedly that the money was theirs. 

It’s turning on facts. I’ll go get what we can and feedback in due course. Thanks for looking in.
Happy Easter

Brie

Hey SnB

There's 2 things that get me about the letter. 

First they say that your parents (not saying which) rang them to enquire.  2 people are rarely on a call, it's usually one or the other though of course the second individual might jump on to confirm that they agree with an action.  Either way no company should pay out a substantial sum merely on a phone call - I would have thought there would be some signed document (with both signatures) to request a refund.  They should provide this or explain why it doesn't exist.  And in that case should provide a recording of the call as well as a transcript which shows how the caller(s) was/were identified.

Second they admit their error.  This is good as I would have thought this mitigates the circumstances should repayment be required.  The fact that there should be proof of multiple phone calls with the company assuring your parents that the info was correct works in your parents' favour.  

And from your comments - you said it strange that the payments were made to different accounts.  Are these both your parent's accounts? 

Is there any possibility of a third party impersonating your parents to get to the money?  I'm not saying it's the case but if your brother who has LPA rang them up and said your parents wanted the £58k and gave his account details that would be clear fraud.  Please note - I'm not actually accusing your brother (or you or any other family member) of committing fraud but we do know that this does happen.   

So full disclosure of all information is required from the company, not a mere timeline of events.  Copies of every scrap of paperwork pertaining to this - including that the original amount was actually paid - copies of phone calls etc.  And an explanation as to how the mistake occurred and how it was discovered.  Did their systems have a major meltdown, was their a rogue employee (though I doubt this would ever be admitted).  Were they the only one affected by this error?? 

Bad practices in banks have, as we well know, led to substantial compensation.  If this was not an isolated incident then I'm not surprised at the pressure to claw back what they can but their error is not your parents' fault and while there may well need to be some redress they should not be made to suffer due to corporate error.

SkittlesnBandaid

Thanks Brie

i couldn’t agree more. If ever my folks parenting focussed on much it was in an aversion to debt (didn’t work for me I’m afraid anyway different story). They shouldn’t be made to suffer and that transcends everything else. I’m not that fussed (unlike Porkisspam intimated) about the money or the estate- we’ve always encouraged them to live healthy lives as they both deserve it.

Looking at your points. Interfamilial fraud is out of the question - the LPA coincidentally arrived the day after the letter so simply not possible. Regards the second withdrawal I think the point is well made. I shall include telephone transcripts in the SAR.

 I’ll be working up a reply for the LPA and will post the redacted draft here for comment shortly.

Thank you for taking the time to look at it again. My folks don’t have a record of the earlier account but that’s not to say it wasn’t one they’ve closed a long time ago. I’ll include all the salient points made in the draft.
Best wishes

S+B

Brie

I wonder if contacting the bank with the relevant account details would reveal anything.  There's been a lot of time passed but there may be something helpful discovered.  It might simply be that they weren't/aren't the names on that account.

Brie

As for fraud....the OH has the same four names and date of birth as someone with a nasty criminal record.  Add a bit of googling and who knows what fraud would be possible (if OH had anything to fraud)

SkittlesnBandaid

OH? Sorry please could you explain 
thanks

SkittlesnBandaid

Dear one and all 

For your kind attentions....

Grumpy_chap

SkittlesnBandaid said:

OH? Sorry please could you explain 
thanks

Other Half

SkittlesnBandaid

😁Thanks for confirming that Grumpy_chap

[Deleted User]

Why did you send them £10? SARs have not been chargeable since 2018. 

They also have 30 days to respond, not 40.

Did you include your LPA with the letter? If not, you'll also need to sort that out.