jalexa

I don't think the money would be the most important issue at the moment. The Police will need to investigate the matter and it will be up to the CPS if they want to proceed with a prosecution.

This is why I have suggested that taylor goes to CAB and then the Police. Once taylor has done this the Halifax may put this on hold. From what I understand if it is proved that taylor was an innocent victim of a scam, a bank will often write off the money. But the Police need to be involved first. I don't know whether there is a banking code related to this, but I do remember seeing something about a bank having a duty to the customer regarding prevention of moneylaundering. This may be on the basis that the bank have accepted money into the bank account in the first place, so they have handled money that may be part of a moneylaundering process,

Huckster

huckster:

Given this report maybe the Halifax misled the OP.

http://www.timesonline.co.uk/tol/money/savings/article6417642.ece

OK, that's the cheque clearance cycle and I don't think the method of deposit has been revealled in the post but if cheque deposits are "guaranteed" after 6 days, is there a similar "guarantee" for electronic deposits?

OK the OP may have been naiive, but there is no evidence of knowingly participating - which would be a different issue.

taylor

Stop thinking about the money for the minute. What about the Police car that could be outside your house later? Suggest that you go to Citizens Advice urgently, like NOW and then go to see the Police.

Find nearest CAB office http://www.citizensadvice.org.uk/cabdir.ihtml

Once you have seen Citzens Advice and the Police, contact the halifax.

Huckster

Is there anyway in which I will not be liable for the money? If it has taken Halifax 4 days to realise it is a fraudulent credit and the whole time these funds were available in my account then do they not have some responsibility?

Taylor

Sounds like you have been duped into a moneylaundering scam. Are you saying that a foreign company employed you, passed a credit to your account which then in turn you passed it on to another company via moneygram. If this is the case you should go to the Police with full details. The Halifax should have done this already but with moneylaundering the Halifax would not be able to tell you about it as they are not allowed to, while the Police are investigating. If you however, contact the Police they will liase with the Halifax. Don't be surprised if the Police do not tell you anything, but they may question you about this. Suggest that you ask for a duty solicitor to be present if they want to question you, so you can obtain legal advice.

It is better for you to go to the Police if Moneylaundering is involved, as otherwise at some stage, a police car may suddenly arrive outside of your house.

Sorry to worry you. You could go to Citizens Advice for an other opinion before seeing the Police. They would also be able to advise you about whether you are liable for paying the Halifax back the money in the circumstances.

Huckster

Growing up and getting real would be a good start.

In your bank's eyes you've aided and abetted some money laundering. They'll keep on assuming that until you prove otherwise. You've been a part in the oldest scam in the book, and you've been left holding the baby.

Your 'employer' is a fraudster who's conned someone else into paying money into your account. Your story simply doesn't add up - if they need the money to buy supplies why have you had to ship it somewhere else via Moneygram? In the eyes of your bank you've either been chronically naive or actively criminal, and I guess they're not keen on finding out which, just on getting the money back.

Your only hope is to gather up all the information you have about this person who tricked you, and throw yourself on the bak's mercy...

Taylor-0222. The payment was meant to be from a foreign employer who said the money was for supplies so I could conduct papers etc for them in England. I took the money out and forwarded it on to this so called supplier via moneygram,

Unfortunately, the civil law position is as stated by a previous correspondent, you will have to pay it back to Halifax. The big issue is that you have been the victim of a money laundering scam. Scamsters abroad, usually by email, recruit people to agree to carry out some specious work for them, then pay you up front (sounds like a good deal), you are required to pass the money on quickly to a third party by moneygram (you can't cancel these). In the meantime the 'employer' has stopped the payment to you, and Halifax is bound to return it to them, because, although it appears to be in your account, it is an uncleared item. Also you may have, albeit unwittingly have committed an offence by laundering this money. Sorry - but 'if it looks to good to be true then it probably is'

The only ray of sunshine could be if you can persuade those funsters at Halifax to give you more time to repay it.

I am a recent graduate and will struggle to pay the money back even over 6 months. The payment was meant to be from a foreign employer who said the money was for supplies so I could conduct papers etc for them in England. I took the money out and forwarded it on to this so called supplier via moneygram, and now Halifax have contacted me saying it was fraudulent and they want their money back. What should I do now?

jalexa

Is the Halifax branch in Nottingham by any Chance? Robin Hood!!!

If this is a case of fraud perhaps the OP should ask Halifax whether the Police have been informed and if so what the Police contact details are.

I think the Halifax have said this to justify closing the account and putting pressure on the OP to return the money or risk not having any account with the Halifax. If this is the case this is a dubious practice and I suspect the FOS would take a dim view of it.

Huckster

huckster:

The OP has quoted Halifax as claiming the credit was "fraudulent". That's interesting, I could have understood "in error" but fraudulent?

taylor_0222:

Because the money is not yours, civil law imposes a duty upon you to return it.

In some circumstances, you might be able to claim that you 'altered your position' on the strength of the item that has been credited; for example, if you were expecting a similar sum to the amount that was wrongly credited and you have spent the money believing it was yours. This point was upheld in Lloyds bank vs Brooks (1950), according to the British Bankers Association.

The bank has to provide you with sufficient time to pay back the money, so you should come to an arrangement. If I were you I would ask to pay it back interest free over (say) 6 months.

If you don't pay it back criminal law (Section 5(4)Theft Act 1968) states that where you do not abide by such a duty, you're committing a criminal offence (punishable by a maximum of 7 years imprisonment).

Huckster

I received a credit payment of over a thousand pounds into my account which I believed was from an employer. The majority of the money was spent and then the following week Halifax have debited the whole payment as it is deemed to be fraudulent. They say I need to pay the amount, which is over a thousand pounds and the account must be closed down. What can I do? Are Halifax at fault in any way for not spotting this fraudulent credit payment earlier before I withdrew the funds?