Counterfeit Notes ****Resolved****

[535boy]

Hello All,

My wife works for a Scottish financial company and she role is to go every week in our local postcodes and collect loan installments from people and than banking it.

 

The company specializes in this scheme where instead of direct debit people just pay the collection agent in person every week.

 

A certain fella who was about to move address called the office on Monday and wanted to pay the whole of his balance £570

and was told to give it to my wife on her collections rounds on friday.

 

My wife went and was greeted by the guy and offered tea and give her the money

,the Mrs took the money to bank and was surprised to find out £480 was fake notes,

the bank seized the money and she called the police and got a CAD number and informed the office of the incident who were really supportive

and the manager asked her to go home and not to worry as these thing happen

 

BUT at 430 she got an email from the line manager saying she needs to pay the balance of £480 in bank by 9am Monday or she will lose her job,

 

my wife called him and informed him that she hast got that kind of money spare to bank on someone else behalf,

the manager replied that she has given a receipt and she should have been careful when accepting the money

and it is her mistake that she took the money and the company cant be responsible for this.

 

My wife informed the manager that she is well shaken and ashamed of this incident but no training was provided regarding identifying fake notes

nor was any pens provided to identify these notes so she cant he held liable to which the manager replied

 

,''you have time until 9 Monday, think about it and bank the money else please bring the company phone, receipt book and fuel card to the office as your services are no longer required''.

 

The company is FSA registered and very well reputed.

 

First of all the we havent got the £480 to spare but we can pay it by credit card if we are legally responsible for this

but at the same time we dont want my wife to lose her job.

 

can anyone help please.

[BankFodder]

Her employers are being absurd. She is their agent and they take the rough with the smooth - unless she has been criminally involved or negligent. It doesn't seem as if she has been either.

 

How long has she been working for the company?

 

I suggest that she starts making a detailed note of everything that has happened and keep it safe and away from the workplace.

 

Personally I don't think that she should give in to this kind of unreasonable blackmail - and that is what it amounts to - but of course you are more aware of your priorities than I am.

[535boy]

SHe has worked there for about 8 weeks now,she is part time and her job is to call the clients and arrange time and collect money of them either before they go to work or afters.

Well our priorities are that if we pay this £480 then we have chances of missing on the mortgage....If my wife is not legally liable to return the money than we are not gona do it and take the matter to court if she looses her job and thats why before we go court and stuff i would like to know what are our grounds on not returning the money?

cheers

[queensclose]

This is a police matter and take the advice from above. thing you need to consider. what training was given concerning fake bank notes. the good thing is you got traceability. and you need to see what the police say.

you need to call a meeting. if anything the company can learn by their mistakes.

[BankFodder]

She acted as their/employee - theri agent. She was not properly trained - as you have pointed out. I'll bet that her empoyers have had previous expereince of exactly this - although it will be difficult to find out about it.

 

I woujld say that there is no duty on her to repay the money and that they would have to bering a civil court action - which would probably fail.

 

I suppose that they will probably withold her pay and sack her instantly wityh no reference. it is very serious.

 

I would suggest that you get a free halfhour legal advice but my view is that she does not have to repay and that she should sue in the county court for any money witheld plus her notice money - which they probably won't give her either.

 

If she loses her job, I thik that you shoujld tell which company it is.

 

If she brought a county court action against them her chances of success are very good. A small claim would be very easy and very cheap to bring.

[queensclose]

it is a police matter. the company should not even be making demands before it concluded.

 

you need to see if you partner signed any contracts to make good of losses. but if this may be useless. your partner can not be held if she followed procedure. otherwise it would be an unfair contract

[535boy]

Thanks for the reply,

Her contract states

any monies collected is lost or stolen from the agent ,it s the agents responsibility to paay it back

Any monies collected should be banked within 24 hours

Any problem with monies shall be reported to police and line manager immediately

Any agent not banking the monies with 48 hr will be reported to police.

[sillygirl1]

It has not been lost or stolen by the agent and has been reported to the police so they do not have a leg to stand on.

 

They are trying it on - is it Scotcall by any chance?

[assisted blonde]

No dont pay it as this will be almost admitting that she knew there was somthing wrong. i am very surprised that the office were not concerned about the call saying that this person wanted to pay off their balance, not exactly a common occurance and I would have thought it should have set the alarm bells ringing.

She has only been employed for a short time and therefore has no real employment protection and to be honest even if she paid the money what is to say they wouldnt get rid of her anyway and you will have got yourselves into financial difficulty for nothing.

I would also assume that the company has insurance against this type of thing.

[535boy]

UPdate:

we had a call from police a while ago in refrence to the CAD number ,and want us to come Croydon Police station on monday so formal investigation can start against the fella.During my chat the PC i asked him the same question and he said i wouldn't pay it rather get in touch with my union.

[rebel11]

Hi 535

 

That is outrageous, I would raise the matter informally with her line manager, explain that if she has too she will take the matter further. It's 'blackmail' plain and simple. If he continues with 'it must be paid etc'. Lodge a formal grievance in writing, send it to HR, send it Recorded.

 

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992

 

http://www.acas.org.uk/index.aspx?articleid=1670

 

In the Employee Handbook it should give guidance on 'Grievance's', I think the Manager thinks he can get away with it because your wife is probably

passive in nature. Theres nothing to be ashamed of it was a genuine mistake.

 

Thread has been moved to the correct forum.

[becky2585]

They can't sue her for that as it wasnt her fault, so I wouldn't worry. They may well sack her though.

 

Either way, they sound like a bunch of cowboys and I wouldn't pay them a penny.

[Ell-enn]

I suspect the manager wants the money paid in so his branch doesn't look as if it has a lot of outstanding payments this month. I completely agree with Becky's post above - stand your ground! Even if they do sack your wife I'm sure there are more reputable companies to work for. Don't even think about missing your mortgage payment - it's much more important than any job with that lot!

[stu007]

Hi

 

I would also ask that Line Manager for the following:

 

* Disciplinary & Grievance Policy/Procedure. (You want both not whats in a Staff/Employees Handbook as this will be a shortened version)

* Lone Working Policy/Procedure. (You want both)

* Fraud Policy/Procedure.

* Training Policy/Procedure

* Money Handling Policy/Procedure.

 

Question - Exactly what Training was given by this company?

[cerberusalert]

They seem to be trying their luck considering the payment was made using forged money the debt was never satisfied by the debtor. Not only is the debtor open to prosecution by the police but the debt reverts back to the status it was before the forged money was tendered. I certainly can't see a UK court finding in favour of her employer if they were stupid enough to try and pursue a claim.

[caledfwlch]

They seem to be trying their luck considering the payment was made using forged money the debt was never satisfied by the debtor. Not only is the debtor open to prosecution by the police but the debt reverts back to the status it was before the forged money was tendered. I certainly can't see a UK court finding in favour of her employer if they were stupid enough to try and pursue a claim.

 

It is not really any different had a client presented a Cheque which then bounced. Nice to see dodgy companies treat their staff with the same contempt they treat their clients.

 

It occurs to me that the contractual term regarding Monies being "stolen" wouldn't have a leg to stand on either. Not unless Staff working out of banking hours were provided with some sort of safe/safe deposit box at home or in the office? They are basically attempting to make their staff liable for being the victims of crime!

[535boy]

Update;

The Mrs got a phone call at 930am to bring the receipt book and stuff to the office,while there she was given a letter saying she is suspended until office completes their own investigation.Today at 1pm she got a call from one of the Directors and he apoligised for the action of the line manager and asked her to come and get the receipt book and stuff back but my mrs declined to go back to work as she is too scared something like this might happen again and she would be asked to leave.

The director promised to train all the field agent and asked the Mrs to come to Head office on friday to meet him.

 

Thanks all for your help and guidance as we quotes most of what you guys suggested in the letter we wrote to the company.

[stu007]

Hi 535

 

I think the point here with the Director getting involved is more panic that they have been basically caught out and i dont really think an apology for the treatment of this line manager towards your Mrs is really acceptable as that line manager should have known better and what action is the Director taking against this line manager for over stepping there authority and breaching company policies and miss treating a company employee.

 

It good in a way that it has sort of been rectified but can fully understand you Mrs not wanting to go back after this incident as it would put most people off.

 

Even if your Mrs doesnt go back they could still go to meeting with Director and put the boot in so to speak of that line managers treatment but thats your decision.

[sillygirl1]

If you are in Croydon you are not far from me in Sutton.... the guy who gave your missus the dodgy dosh (scuse the slang) is in the wrong, not your missus.

 

The company is not dealing with the matter very well and now needs to be reported to Trading Standards as well as the FOS and local MP.

[ItsWar]

Wages in lieu of notice might be worth discussing.

[rebel11]

Good its been resolved, I don't think enough employees involve directors regarding problems/issues, for some situations in a working environment the directors of the company can be held totally accountable, so why not get them involved at an early stage, it does make sense.