repayments by instalments

[nemesis45]

Re: repayments by instalments

Hi

Just wondering if Di, had comment to make regarding a response for the police which i could include in the draft letter i am drawing up for my niece ( who has agreed my contribution of non financial assistance).

How do i go about tagging someone?

[MENTION=61310]diana[/MENTION]M

[Diana M]

Re: repayments by instalments

Just wondering if Di, had comment to make regarding a response for the police which i could include in the draft letter i am drawing up for my niece ( who has agreed my contribution of non financial assistance).

I'll read back through the thread tomorrow

If it's okay with you I will have to ask some specific questions before I can make any suggestions .

First up:

How old is your neice?

Has anyone explained to her the pros and cons of giving a "No Comment" interview to the police (even on the phone)?

Is CIFAS involved?

Have the police made any noises about money laundering etc i.e. was the money paid in perceived as 'suspicious' regardless of any overpayment however small?

Sometimes you can get caught up in police stuff even when you are 100% innocent, but the other party is a rogue.

Does she know the person who made the "overpayment" (sorry I haven't yet had time to read back)?

I would be very wary of drafting/sending a letter to the "police" until your niece has obtained legal advice, maybe from her local CAB.

Di

[Brainmelt]

Re: repayments by instalments

Hi Di


Thank you for getting back to me. I have asked my niece the questions.


She is 33


No pros and cons of no comment


CIFAS is not involved as far as she is aware, but how would she know?


No noises about money laundering, but it’s a relatively small amount


No she does not know the person who has paid the money into her account in error

[Brainmelt]

Re: repayments by instalments

Hi Di

Just to add, there are apparently no suspicions surrounding the person who paid the sum to the wrong account.

Just wanted some advice to pass on, as i am suggesting she pay it back by instalments (which she is agreeable in doing) but do not want to stress this is the option she takes if it makes the situation worse.

[Brainmelt]

Re: repayments by instalments

Hi Di

This is what i cobbled together for my niece. I may not be able to help her out financially, but i would like to offer some form of help.



No guilt or liability is admitted


Having satisfied myself that this is a genuine allegation and not an elaborate scam, and being mindful of the complainants circumstance. To effect resolution I offer to pay the complainant £XX per month until or unless my own complaint against my bank and/or agency (Altered Position Lloyds v Brooks) is satisfied and i am re imbursed the sum complained of and effectively repay with a lump sum or continue instalments until the amount is finalised.

[Diana M]

Re: repayments by instalments

There was no dishonesty nor was there an intention to deprive them of it at the time, and on that basis I would say the case fails. Very surprised if the CPS move forward with a charge unless your niece admits to everything, hence the need for her to seek legal advice where possible.

I agree with R0b that she needs to seek legal advice (such as the CAB).

It's so easy to put a foot wrong when you want to get shot of a situation which is upsetting, but in doing so you may be digging a deeper hole for yourself.

If the your niece was on the receiving end of an aggressive policeman (as you posted) then she has the option to make a complaint (ultimately) to the IPCC and here's how to do that > .https://www.ipcc.gov.uk/complaints

Something doesn't feel quite right about this situation. The police moan about being overworked, so why would they waste their time chasing a seemingly minor civil matter. They didn't bother to pursue things when my car was stolen so why are they bothered about this £200 paid into her account without her knowledge or consent?

Are they bullying her and is there any possible reason for this such as any vulnerability issues? They seem to have frightened the whole family with their heavy-handedness

From the IPPC website:

"You can make a complaint if you have:

• experienced inappropriate behaviour from a police officer, member of police staff or contractor working for the police. For instance, if you felt they were rude or aggressive in their treatment of you"

Maybe don't send any letter until she's been given legal advice as to whether that's a good or bad idea.

Di

[Diana M]

Re: repayments by instalments

Also read the Financial Ombudsman's view on this issue especially if the person receiving the money has spent it without realizing it wasn't intended for them.

The FOS even say that they sometimes uphold a complaint and ask the bank to compensate the consumer for the upset and inconvenience caused to them by the mistake if repayment causes hardship

http://www.financial-ombudsman.org.u...payments.htm#3

Di

[Diana M]

Re: repayments by instalments

No she does not know the person who has paid the money into her account in error

Which begs the question, how does that person (the complainant who made the error) know who she (your niece) is in order to report it to the police?

If this was a mistake between two unknowns then only the bank(s) would know their individual details.

I would expect the complainant's bank to approach your niece's bank for a return of the money. Your niece's bank would then ask your niece to authorize them to pay the money back to the complainant's bank. At no time would the two individuals know the identity of each other.

Unless there's been a blatant breach of the Data Protection Act by the bank(s).

If that is the case then a formal complaint to the ICO would be the thing to do, and seek damages from the bank (for DPA breach) of at least enough to cover the money she's expected to return. Plus compensation for upset and inconvenience since their breach of the DPA (if that's what happened) has resulted in her whole family being scared witless by police intervention.

The only way the police would have become involved with this issue is if the complainant gave them your niece's details - so she (complainant) must have got them from somewhere since you say they don't know each other.

Or there's a remote possibility the bank gave her details to the police.

Either way I would be wanting to know how the police became involved in the first place.

There's definitely more to this than meets the eye

Di

[Brainmelt]

Re: repayments by instalments

Hi
just to update and close
CAB got involved and matter concluded.

Repayment by instalments accepted in the end. Surprisingly it was the police officer dealing with the case, who did the negoiations and who tried to demand more than my niece could realistically afford. CAB in response was keep to the same offer and commence payments asap, or other side take the matter to court and let a judge decide on instalment amount.

Amazed at level of involvement and attempted insistence by police officer. CAB advised they had not come across this level of involvement and police officer behaviour before.

We think that police officer backed off in the end because 3rd party agency (CAB) got involved. Concluded quite quickly once CAB got on board and all concluded by email.

Complaint being submitted to the bank.

Thanks to all for help and advice.

[Diana M]

Re: repayments by instalments

What a relief for your niece.

Definitely make a complaint to the bank.

As I said before, you want to know how and why her personal details were divulged to the police when it was a £200 misunderstanding which could happen to any of us especially since banks encourage paperless statements etc.

Di

[MIKE770]

Re: repayments by instalments

alarm bells ring - wonder if there is a connection along the line with the Police officer & claimant i.e (family ties along the way) no police officer would go to such extremes?? Police complaint commissioner investigation?? just a thought, enough of the dictator actions by some. Rant over