Bank Draft Refund - Elderly relative paid for work now deemed unlawful...

[Oxygene]

Hello All..

In July last year an elderly vulnerable relative allowed a local roofing guy advertising in a local paper to do some work on her roof.

When I found out, it was too later as she had already paid him - by Banker Draft..

I phoned Virgin and explained I was looking to have a Bank Draft cancelled where I was informed that the only way was to submit a fraud claim form. I contacted Trading Standards at the same time and expected never to hear anything form it.

In November, Trading Standards contacted me to inform that there had been a number of complaints against this roofer and they wanted to arrange a visit. Long story short - TS have said that what was done, what happened during and the state of the roof today - is classed as "'doorstop crime' and "aggressive behaviour" as such are now in the process of forming a court case for prosecution.

This leads me back to Virgin, who now claim that there is no such document as a claim form for fraud and that as it a claim against a trader for bad workmanship, it is a matter mutually between us and that the Bank Draft cannot be cancelled. I believe if it has been personal cheque for BACs than we would be a better position for a refund than the Draft.

Virgin have been abrupt, rude and sent a deadlock letter based on the original call in September that I was simply trying to cancel the cheque due to bad work quality. As Trading Standards have now informed me that a crime was committed on the doorstep and during the process of the work being done, I want to see if is possible to force the reversal of funds from his bank, via Virgin.

Originally, Virgin requested a crim number I did not at the time have, I have now been given a reference by Trading Standards which I am told is as good a crime number in that a prosecution will result.

My relative who is 73, felt under pressure to make payment and thought the best way (in case of any future problems) was via a Bank Draft.

Can anyone advise me where to go as a from what Trading Standards have told me, there are already many outstanding and unpaid civil claims against him a not a single penny has been recovered. During their investigations, claims have been made that he lives in a motorhome and therefore there no address to serve documents or recovery against. They say me best option is to convince the bank to pull back the original funds of which Virgin have puled the shutters down on me immediately.


TS have suggested that the only way for them to get hum into court will be the result of an Arrest Warrant for failing to appeal - which pretty much means I don't a chance if I start my own civil against him.

Can I take view that his own bank is complicit in crime considering that there are so many CCJ's outstanding and they continue to allow him to use the bank account.

Do I have any claim against the local newspaper group for damages considering they are carrying his adverts week in, week out and so many complaints and CCJs against his work and this paper is where he preys on elderly people finding his number as well as given him virtual landline phone numbers in two or three different dialling code areas?

His adverts boldly claim - "DISCOUNTS FOR OAPS" and funnily enough, most of the court cases against him are from elderly victims.


Any help or advice would be greatly appreciated...

*

[jaguarsuk]

Hello All..

In July last year an elderly vulnerable relative allowed a local roofing guy advertising in a local paper to do some work on her roof.

When I found out, it was too later as she had already paid him - by Banker Draft..

I phoned Virgin and explained I was looking to have a Bank Draft cancelled where I was informed that the only way was to submit a fraud claim form. I contacted Trading Standards at the same time and expected never to hear anything form it.

In November, Trading Standards contacted me to inform that there had been a number of complaints against this roofer and they wanted to arrange a visit. Long story short - TS have said that what was done, what happened during and the state of the roof today - is classed as "'doorstop crime' and "aggressive behaviour" as such are now in the process of forming a court case for prosecution.

This leads me back to Virgin, who now claim that there is no such document as a claim form for fraud and that as it a claim against a trader for bad workmanship, it is a matter mutually between us and that the Bank Draft cannot be cancelled. I believe if it has been personal cheque for BACs than we would be a better position for a refund than the Draft.

You believe wrong. You would be well outside recalling the money on a cheque or BACS recall as they are days, not months.

Virgin have been abrupt, rude and sent a deadlock letter based on the original call in September that I was simply trying to cancel the cheque due to bad work quality. As Trading Standards have now informed me that a crime was committed on the doorstep and during the process of the work being done, I want to see if is possible to force the reversal of funds from his bank, via Virgin.

Originally, Virgin requested a crim number I did not at the time have, I have now been given a reference by Trading Standards which I am told is as good a crime number in that a prosecution will result.

My relative who is 73, felt under pressure to make payment and thought the best way (in case of any future problems) was via a Bank Draft.

Can anyone advise me where to go as a from what Trading Standards have told me, there are already many outstanding and unpaid civil claims against him a not a single penny has been recovered. During their investigations, claims have been made that he lives in a motorhome and therefore there no address to serve documents or recovery against. They say me best option is to convince the bank to pull back the original funds of which Virgin have puled the shutters down on me immediately.


TS have suggested that the only way for them to get hum into court will be the result of an Arrest Warrant for failing to appeal - which pretty much means I don't a chance if I start my own civil against him.

Can I take view that his own bank is complicit in crime considering that there are so many CCJ's outstanding and they continue to allow him to use the bank account.

No, he has deposited a Bankers Draft, which is effectively cash without having to carry it around, for his work. There's no reason to suspect him of criminal activity. CCJ's are only relevant if he's applying for credit.

Do I have any claim against the local newspaper group for damages considering they are carrying his adverts week in, week out and so many complaints and CCJs against his work and this paper is where he preys on elderly people finding his number as well as given him virtual landline phone numbers in two or three different dialling code areas?

No, he's paid for and they have placed an advert. Until recently there has been no suspicion of criminal activity and until informed about any how would they have a clue? How exactly is a newspaper supposed to know about CCJ's he might have? As for complaints, I'm pretty sure he didn't share those with them when placing his adverts and so how would they know?

His adverts boldly claim - "DISCOUNTS FOR OAPS" and funnily enough, most of the court cases against him are from elderly victims.


Any help or advice would be greatly appreciated...

It's not illegal or even immoral to give discounts to OAPs, so why would the newspaper think anything of it?

I'm sorry to say that you are clutching at straws, the money is gone and unless through a complaint you can get Virgin to change their minds you aren't going to see it again.

If they have said one thing on a call and then another later, there is where your complaint is. Get a recording via a Subject Access Request and review what you were actually told in September, then see where you can go from there.