Should my bank be asking me how I am spending my money when I make large cash withdrawals?

IanManc

GeoffTF said:

IanManc said:

GeoffTF said:

IanManc said:

GeoffTF said:

grumbler said:

I'd be surprised if in any documents the Police call this sort of crime 'theft'.

And if you voluntarily post or hand over any valuable item to a scammer I don't think that any home insurance will cover this.

It is called "making off without payment" and is a criminal offence under section 3 of the Theft Act 1978:

https://www.claims.co.uk/knowledge-base/offences/making-off-without-payment

It is effectively the same as paying by cheque and then deliberately cancelling the cheque.

Making off without payment relates to leaving somewhere without paying for goods that are due to be paid for before you leave.

That is not the same thing as money being taken back by a bank, and the offence of making off without payment is of no relevance to that scenario.

The buyer made off with the goods having made an electronic payment, but then instructed his bank to reverse that payment. He has taken the goods and deliberately failed to pay for them. As I understand it, that is theft.

It definitely isn't the making off without payment offence that you asserted it was.

Please give a link.

Give a link to prove you're wrong? You did that yourself!

I clearly explained what the offence of making off without payment consists of. The link you yourself gave also explains it. A bank taking money back after a payment has been made is not the same as someone leaving a scene before paying for goods for which payment is due on the spot.

If you can't see that then I can't help you.

@Yorkie1 has also tried to explain this to you four posts above.

GeoffTF

Yes the bank are right

IanManc said:

GeoffTF said:

IanManc said:

GeoffTF said:

IanManc said:

GeoffTF said:

grumbler said:

I'd be surprised if in any documents the Police call this sort of crime 'theft'.

And if you voluntarily post or hand over any valuable item to a scammer I don't think that any home insurance will cover this.

It is called "making off without payment" and is a criminal offence under section 3 of the Theft Act 1978:

https://www.claims.co.uk/knowledge-base/offences/making-off-without-payment

It is effectively the same as paying by cheque and then deliberately cancelling the cheque.

Making off without payment relates to leaving somewhere without paying for goods that are due to be paid for before you leave.

That is not the same thing as money being taken back by a bank, and the offence of making off without payment is of no relevance to that scenario.

The buyer made off with the goods having made an electronic payment, but then instructed his bank to reverse that payment. He has taken the goods and deliberately failed to pay for them. As I understand it, that is theft.

It definitely isn't the making off without payment offence that you asserted it was.

Please give a link.

Give a link to prove you're wrong? You did that yourself!

I clearly explained what the offence of making off without payment consists of. The link you yourself gave also explains it. A bank taking money back after a payment has been made is not the same as someone leaving a scene before paying for goods for which payment is due on the spot.

If you can't see that then I can't help you.

@Yorkie1 has also tried to explain this to you four posts above.

I do not believe that valid payment has been made if the buyer promptly instructs his bank to reverse the payment, but that would be up to the courts to decide. It is the Police's job to decide the charge. I do not believe that the bank will claim that they are have just acted on their client's instructions and cannot reinstate the payment anyway. If you have proof of the sale, I expect that the bank will return the money to your account.

IanManc

GeoffTF said:

IanManc said:

GeoffTF said:

IanManc said:

GeoffTF said:

IanManc said:

GeoffTF said:

grumbler said:

I'd be surprised if in any documents the Police call this sort of crime 'theft'.

And if you voluntarily post or hand over any valuable item to a scammer I don't think that any home insurance will cover this.

It is called "making off without payment" and is a criminal offence under section 3 of the Theft Act 1978:

https://www.claims.co.uk/knowledge-base/offences/making-off-without-payment

It is effectively the same as paying by cheque and then deliberately cancelling the cheque.

Making off without payment relates to leaving somewhere without paying for goods that are due to be paid for before you leave.

That is not the same thing as money being taken back by a bank, and the offence of making off without payment is of no relevance to that scenario.

The buyer made off with the goods having made an electronic payment, but then instructed his bank to reverse that payment. He has taken the goods and deliberately failed to pay for them. As I understand it, that is theft.

It definitely isn't the making off without payment offence that you asserted it was.

Please give a link.

Give a link to prove you're wrong? You did that yourself!

I clearly explained what the offence of making off without payment consists of. The link you yourself gave also explains it. A bank taking money back after a payment has been made is not the same as someone leaving a scene before paying for goods for which payment is due on the spot.

If you can't see that then I can't help you.

@Yorkie1 has also tried to explain this to you four posts above.

I do not believe that valid payment has been made if the buyer promptly instructs his bank to reverse the payment, but that would be up to the courts to decide. It is the Police's job to decide the charge. I do not believe that the bank will claim that they are have just acted on their client's instructions and cannot reinstate the payment anyway. If you have proof of the sale, I expect that the bank will return the money to your account.

That posting is the internet equivalent of putting your fingers in your ears and singing "la la la la I can't hear you".

While we're at it, in England and Wales the Crown Prosecution Service "decide the charge", not the police. In Scotland it is the Procurator Fiscal who does this, and in Northern Ireland it is the Public Prosecution Service.

You clearly know little about criminal law, and are just posting a link to an offence you don't understand even when it has been carefully explained to you, what you "believe", what you "expect", and things that you've simply made up.

boingy

At least one of you needs to stop and move on. Otherwise you'll fill up the internet. 

Middle_of_the_Road

Yes the bank are right

Banks should not be allowed to reverse payments on the strength of unfounded claims from the buying party without some sort of proof of wrongdoing by the seller. They're all too quick to take the word of these fraudsters, and seem to make no attempt to find out the situation before blindly take action against their own customers. 
If a transaction is in dispute, they could hold payment until all the facts are established. This would make these false claims scams a little less appealing to these opportunists.