Elderly housebound relation gave his bank card to a neighbour to get weekly shopping for him by withdrawing cash. Relation was then hospitalised and 'neighbour' took over 20K over a period of time using cash machine and withdrawing £250 each day. Normal usage would be £250 per month.Relation is too embarrased to get police involved. Do the bank have any duty of care?
2006-10-27 05:42:05 · 7 answers · asked by Anonymous in Business & Finance ➔ Other - Business & Finance
When the relative gave his/her bank card to the neighbour an implied power of attorney was granted. No crime was comitted.
However, your relative does have recourse via the civil court as the power was specifically for the care of the relative and the money was mis-directed.
2006-10-27 05:52:48 · answer #1 · answered by Jack 6 · 0⤊ 0⤋
i would have thought the bank should have picked up on the large withdrawals as they were out of character from the normal usage, I'd get legal advice because the bank will try to wriggle out of any responsibility, and shop the neighbour to the bill, the money might be traceable
2006-10-27 12:59:43 · answer #2 · answered by Anonymous · 1⤊ 0⤋
There is no reason to be embarrased. It's time to get the police involved and a laywer. He also needs to talk to the bank to see what they have to say.
2006-10-27 12:47:28 · answer #3 · answered by **PuRe** 4 · 1⤊ 0⤋
any help? came from my aat studies?
Duties of bankers:
-honour customers cheque if all in order
-receipt of customer funds must credit account
-repayment on demand of customer funds
-comply with customer instructions where there are sufficient funds
-provide a statement
-confidentiality unless disclosure under law or with permission
-advise of forgery in relation to customers account
-care and skill
-closure of accounts must have reasonable notice form bank
No duty on customer to check bank so bank is liable for mistakes and if mistakes are made customers can keep money or claim compensation.
The banking code – voluntary code followed by banks and building societies in relations with personal customers
2006-10-29 11:38:34 · answer #4 · answered by lost 2 · 1⤊ 0⤋
Maybe you can report the bank to the police, might get some attention that way.
2006-10-27 12:52:09 · answer #5 · answered by victorschool1 5 · 1⤊ 0⤋
Unfortunately, if you have given them your card and pin there is nothing you can do. Except lie and say the card was lost before hositalisation.......I know its bad but you would then get the money back.
Hope they are OK.
Best wishes.
2006-10-27 12:46:10 · answer #6 · answered by Kate 4 · 1⤊ 0⤋
no. sorry.
2006-10-27 12:44:43 · answer #7 · answered by cork 7 · 1⤊ 0⤋