Is the cash withdraw limit e.g. £300.00 really the limit?

silverhairedbabe

dad clearly wasn't of "sound mind" that's my whole point he's in his 80's a vulnerable adult and was presenting cheques to cash completely out of character the bank failed in their basic duty of care to a customer. emma stated she would hand over a customers money provided the funds where in their account. that's what prompted me to post in the first place she is totally irresponsible and fails on every count in her obligation to service a duty of care to her clients

ShelfStacker_3

Sorry, but that's rubbish. The bank has no such duty of care. If a cashier senses something is amiss he/she can report it/investigate it but under no circumstances does that mean they HAVE to or have any kind of duty to (Proceeds of Crime Act and such excepted).

sdooley

If you tell a bank that someone isn't of sound mind then they have no right to accept that person's third party mandate - only a lasting power of attorney. The best you could manage would be a freeze on the account pending an investigation - which would be the bank bending the rules for you. If you are going in threatening litigation then the bank will be less inclined to bend the rules.

The first person who is responsible for conning your father is the crook. Anything else has to be based on that. If there was any question of forgery of cheques or direct duress (e.g. the person being accompanied into the branch by someone telling them what to do) then the bank should definitely be brought to account. On the other hand where transactions are just out of the ordinary it is more of a gray area. The bank would certainly at a minimum need to know that your father had been conned out of the money, and it's not just sitting at his house before they could make restitution. This would probably require a sworn statement from your father, at a minimum. Ultimately though the bank might take the view that it is not technically their legal responsibility - it is the fault of the criminal who took the money from your father.

As for the legal analysis as to who is accountable, I don't know enough about the field to say. I know if a cheque was forged (e.g. adding a thousand, etc) then the account should be recredited. What is worrying here is the fraudster seems to be wise to the banks being able to trace and recover cheques and electronic transactions so has gone after your father for cash. Horrible situation.

silverhairedbabe

Sorry, but that's rubbish. The bank has no such duty of care. If a cashier senses something is amiss he/she can report it/investigate it but under no circumstances does that mean they HAVE to or have any kind of duty to (Proceeds of Crime Act and such excepted).

he/she SHOULD report/investigate it. and you state you work for hsbc god help hsbc customers if they are all of the same mindset as you. you have a duty of care to your customers

silverhairedbabe

sdooley, thought provoking post, thankyou. nobody told the bank that my dad wasn't of sound mind as these cheques were being presented. the police froze the account when a presentation of a cheque for £38,000 was offered. direct duress was evident by the nature of thehandwriting on the cheque and the cheque stub which i've seen

silverhairedbabe

let me ask you all a question.... what would any 80 year old need to write a cheque for a 4/5 figure sum to cash for in this day and age. every legitimate entity, business or private has a basic bank account ergo a paper trail which inherently and by default gives a level of protection against fraudulent activity

withnell

silverhairedbabe wrote: »

let me ask you all a question.... what would any 80 year old need to write a cheque for a 4/5 figure sum to cash for in this day and age. every legitimate entity, business or private has a basic bank account ergo a paper trail which inherently and by default gives a level of protection against fraudulent activity

I very rarely move money out of accounts if the rates stay stable. When rates drop, or a good rate opens elsewhere, I will make a large transaction to the new account. Normally I'll do it in cash if possible, fixed rates can change in the 3 days for a BACS, and there's only one bank to deal with if the money goes missing, rather than each blaming the other, and the transfer in limbo.

While your father's case is sad, a withdrawal limit could have been requested on the account. It's not the bank's place to tell the customer they can't have their instant access funds, and I'd be very annoyed if a cashier told me that I couldn't make the withdrawal I was entitled to.

Tinkerbelle1

If you contact the branch or telephone banking they can up your daily withdrawal limit at a cash machine to £1000 depending on the type of account you have.
But you can withdraw any amount you have available over the counter in a branch, however some banks may need notice if it's a larger amount.

scorpiolady

pre-reg wrote: »

i thought the cash withdrawal limit was just for the cashpoint.

Over the counter you can withdraw as much as you like.

That is correct, you can withdraw £300 per card we have a joint account so both myself and my husband can withdraw £300 each a day also when were going on holiday i go into the bank and withdraw whatever i need, they do usually do some security checks

silverhairedbabe

do the transaction by cheque to protect yourself from fraudulent activity, i accept your scenario was not fraudelent