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Urgent legal advice required

Old Jun 15, 2003 | 08:15 PM
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On Wednesday my mother-in-law to be went into our building society (we both use the same company - a well known one, which I cant name due to Scoobynet legalities - lifes complicated enough ).

She asked for a building soc cheque for £300, and also wanted £400 cash in £10 notes.

The young cashier was dithering about, but finally handed out the money (didnt even count it). My mother-in-law went over to the desk bit that has the stringy pens and leaflets on, and proceeded to divide up the cash into separate amounts for what it was needed.

She counted the cash and there was only £300 there instead of £400. So she went back to the girl at the counter who insisted that she had handed over £400.

So mother-in-law calls line manager who then does a till audit, and it fully balances.

So she asks the manager to phone the police, police arrive and say they cant do a search etc etc, and basically nothing can be done.

So the mother-in-law is now £100 down, and I can definately 100% say that she would not have lost or pocketed the money - she is the most honest person I know, and still deals only in cash so is very careful with money.

Between us we have money running well into 5 figures in said BS (hence, why would she need to fleece £100?), so can anyone give me any advice on where we stand? I want to go in tomorrow and threaten to close the accounts/report to Watchdog if nothing is done. [img]images/smilies/mad.gif[/img]

Personally I believe the till girl pocketed the money as a scam, as she behaved very strangely with the amounts and the notes.

Absolutely fuming at this [img]images/smilies/mad.gif[/img]

So please all, advice if you will.
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Old Jun 15, 2003 | 08:21 PM
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I would have thought the banking hall and the cashier aeras should be well covered by CCTV - perhaps this would clearly show that your mother in law didn't pocket £100, therefore the bank/bs must be in error?

David
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Old Jun 15, 2003 | 08:39 PM
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When I draw cash from the bank if the person is inexperienced they have requested another member of staff check the amount. In any case the cash is nearly always counted in front of me. I think the bs should stump up the oner pretty quick as a gesture of good will apart from anything else. Something similar happened to me the other day in Sainsbury's [don't worry webmaster, this one has a happy ending]: I went in to pick a few things up and the young lad asked me if I wanted cash-back. I remembered that I needed to pay the cleaner so I asked for £40.00. The cashier got me to initial for it but then just handed me my card & receipt. I was a bit distracted and didn't realise until I got home and went to pay Rose and there was no money in my pocket. Went staight back and they handled the situation pretty well. Obviously I had no proof that I hadn't pocketed the money. The young lad was vey embarrased; the manager asked him if he could remember handing me the money and he said he couldn't be sure. Manager opened up his till, gave me two twentys and that was that. I was happy enough - i believe he just made a mistake.
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Old Jun 15, 2003 | 08:52 PM
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Write to the head office saying you'll inform Watchdog and ask to see the CCTV footage as you are legally entitled to.

Can they prove you were given £400 cash , not prove £400 was taken out of thier tills.


AllanB

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Old Jun 15, 2003 | 08:59 PM
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Dont most banks count the money out in front of you?
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Old Jun 15, 2003 | 09:03 PM
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is accepting the cash a legal contract of acceptance???????

ie.. by taking it she accepts the money to be the full amount,

But If the money was not counted out in front of your mother. I would have thought this was against bank practice.

Good Luck.


Best route.... Phone head office and get name of someone from the "Banks Press office".. These depts work wonders!!!
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Old Jun 15, 2003 | 09:08 PM
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I think luke is right,whenever i have taken a largish sum of cash its always been counted out in front of me.
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Old Jun 15, 2003 | 09:35 PM
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I like the idea of hitting them with "against standard/best practice". (Forget the "contract" thing, sorry).

I also like the idea of phoning them up and saying you will move your account AS YOU CAN NO LONGER TRUST THEIR EMPLOYEES.
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Old Jun 15, 2003 | 09:53 PM
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Building societies never count the cash when I go in for it.

They just stuff it in the bag!

Very rude.......

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Old Jun 15, 2003 | 09:58 PM
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Some shops have signs saying 'Please check change as mistakes can not be rectified later', I'm not sure however if this is legally correct. If you can prove a mistake has happened you should be reimbersed. In this case the bank have made the mistake of not counting out the money infront of your mother-in-law - this will go against their company regulations.

What did the bank do to show they were not at fault other than check the till. Did they check/search the cashier and her work area at the time.

I would speak to a 'no win no fee' solicitor or citizens advice. Ask for ALL cctv in the bank to be siezed (they normally only keep it for 28 days before re-recording over it). Create waves - write to the papers, watchdog etc. If all else fails try the police reporting a theft by the cashier.

At the end of the day, whats £100 to a multi-billion pound bank compared to bad publicity.

[Edited by Felix. - 6/15/2003 10:09:06 PM]
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Old Jun 15, 2003 | 10:11 PM
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I would speak to a 'no win no fee' solicitor
DO NOT speak to a no win no fee solicitor! They are the ultimate scum. I don't think you need a solicitor to resolve this; you just need to speak to someone at the bs who realises that you are serious and will not go away until you get your money.
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Old Jun 15, 2003 | 10:25 PM
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Some shops have signs saying 'Please check change as mistakes can not be rectified later'
Yes, but this is not 'later'; she had not left the premises.
Like others, I think the CCTV angle is best. If they refuse to show you it, you can demand it using data protection laws; although they are allowed to charge a fee.
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Old Jun 15, 2003 | 10:30 PM
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yoza - Do you read "Yobs" in Private Eye?
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Old Jun 15, 2003 | 10:34 PM
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Thanks all, will go in tomorrow and have a chat - decided I will go for the nice approach as this always gets better results, rather than the "guns blazing" approach.

Like the CCTV/Best practice angles

Ego is also right about checking the money before leaving the premises.

Even more annoying is the cashier said she saw my MIL "stuffing something in an envelope", quite why the cashier was watching her, and how she noticed from 20ft away is anyones guess.

The envelope contained the cheque, which was shown to the police.
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Old Jun 15, 2003 | 10:35 PM
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DW, just give us the nod we'll be round with the boys
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Old Jun 16, 2003 | 07:14 PM
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Any updates?
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Old Jun 16, 2003 | 10:53 PM
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Didnt go in today - missus decided that a letter to both the branch and head office would be the best start for now, then visit in person if nothing happens.

So, 2 nice but firm letters went out today, stating the facts, and some of the advice we were given here (thanks again) such as CCTV, work area checks etc.

Will update you all when we here back.

[Edited by Dream Weaver - 6/16/2003 10:53:55 PM]
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