Is this a scam?

SkittlesnBandaid

Just a draft zx81. I’ll amend (my template and final version) accordingly 
Thank you 

SkittlesnBandaid

Brie said:

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)

Hi Brie
I’m a bit confused who’s OH are we talking about? 

Grumpy_chap

SkittlesnBandaid said:

Brie said:

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)

Hi Brie
I’m a bit confused who’s OH are we talking about? 

Brie's OH is referenced in that quoted post.

SkittlesnBandaid

That sounds terrible 

SkittlesnBandaid

I’ve heard of all sorts of people winning over heavy scenarios like that. Not impossible to resolve. Hope you’re safe meantime Brie?

Brie

Sorry if I confused everyone. 

My husband (OH) has the same name and date of birth as a criminal.  There's nothing to stop that criminal doing a random google and getting more info about OH and then start ringing around the banks etc to see what mischief could be done.  From there all it would take is a change of address on an account, request cards, withdraw money.  All assuming there was any money to withdraw which there isn't as OH leads a simple enough life and leaves all the finance stuff to me which I have stitched up fairly tightly.  

My point was that someone could do something similar with SnB's parents.  A close family member is the usual suspect but a cousin or neighbour may also be a possible.  We've eliminated the close family members in this scenario but only by asking more questions could the rest be swept to one side as well.

Hope that makes more sense.

SkittlesnBandaid

Thanks Brie. I was getting confused. 

[Deleted User]

Brie said:

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.

While I get your meaning, if the OP's parents have been paid out twice, even as a result of a corporate error, there is no scenario, beyond the company voluntarily writing off the debt, where they get out of repaying it. As the firm have indicated, they wrongly reactivated the account and started growing the money/investment. The firm aren't likely to have call recordings from 4 years ago, but they will have records showing the money was paid twice. The 2 accounts is a red herring, people change accounts all the time, particularly over 11 years - it could have been paid into a savings account or whatever. OP acknowledges that the parents have the money and spent it in good faith. The safest thing to do is to respond and deal with it, the firm seem very certain they're owed the money and a CCJ and charging order would be very easy to do in the 2 years they have before it's statute barred.

Brie

Deleted_User said:

While I get your meaning, if the OP's parents have been paid out twice, even as a result of a corporate error, there is no scenario, beyond the company voluntarily writing off the debt, where they get out of repaying it. 

Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved.  My comments about the different accounts is to ensure they both are actually the parents and not some random fraudster.

And if it's taken a few years to discover this then repayment shouldn't be expected immediately as it was the company's admitted error.   And I would expect some discount on the total to be repaid as an apology for messing things up so royally.

SkittlesnBandaid

Farfetch, Brie. Thanks for this.