36 Yr Old Charged Over Wrongful Bank Credit
A 36 year old man appeared in Magistrates Court this morning [Aug 7] where he denied charges alleging that he failed to take reasonable steps to have a wrongful credit of $3,200 in his bank account cancelled.
Brian Bradshaw pleaded not guilty to a charge that on 20th June 2014, he “knowing or believing that a wrongful credit of $3,200″ had been made to his account, he “failed to take steps as were reasonable to secure that the credit was cancelled.”
Senior Magistrate Archie Warner set trial for November and granted Mr Bradshaw $2,000 bail.
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I wonder if individuals could seek a criminal prosecution against a bank if there was an apparent wrongful charge on their account and the bank failed to take reasonable steps to have the wrongful debit corrected.
I have a feeling the prosecutors would say its a commercial dispute, not a criminal action.
Very interesting point!
I suspect NOT.
Am I missing something? The bank makes a wrongful credit to an account and it becomes the clients problem???? There must be more to this. It is interesting how the banks charge the client for every minute transaction, they then make an error and we are responsible for that too?
How is this his fault
If the bank credits something to your account and you knowingly spend it then yes its criminal because it is called theft.
..if a bank makes up stupid fees for every single transaction, that my dear is criminal.
@watching And on the flip side,if the bank wrongfully debits your account-is THAT ‘theft’! Per the police/DPP-of course not! That’s only a ‘commercial dispute’! (Arrgh!!) The conduct of the Banks in Bermuda is dispicable in so many ways–yet the powers that be-including Government + the BMA do nothing about it!!(Arrgh!)
The bank’s mistake…their loss. Eat it up like you eat up your charges!!
And once again, it’s the small guy getting crushed while the real ______ who ran off with all the money walk.
Put 3,200 in my account and you think I will not spend it….SSSShhhiiitttttttttttttttttttEEEEEEEEEEEEEE
Judging by the theme of the majority of the comments here, I am simply not surprised at the mismanagement of the public’s finances by the last Government.
Haven’t you ever played Monopoly!?!
“Bank Error in Your Favor” – Collect $200!
WTF!
I like it, but Bermuda’s Community Chest has long since been ransacked, so to speak.
The bank is taking money all the time from people, why isn’t that call theft? Leave $100.00 in your account and see what happen to it while the bank uses you money… F’in …
Sounds like entrapment to me, or does that only apply to law enforcement?
and what relevant legislation supports these charges or do you frame charges as you please (prosecutors)
True story!! The BANK once mistakenly ‘credited’ $$ to my wife’s account! She informed the bank-who then took it back–AND deducted a further $100 ‘administrative fee’ from HER accountto do so–even though it was THEIR error! Took her months+considerable time+many complaints all the way up to a Senior Vice President to get the $100 back! Of course, the police/DPP/BMA would have only cosidered that a mere ‘mere commercial dispute! Little wonder that Bermudians have been so vocally frustrated lately at Bank conduct–yet like Nero, the powers that be do nothing about them!
A final(by me) Bank horror story! The Back mistakenly(?) placed in their computor re an account – rarely used that I was ‘deceased’+froze the account! They then began deducting ‘Dormant Account’ fees monthly, until they had confiscated all $$ in the account! When I discovered this + presented my ‘live’ self to them to complain-they have refused to this very day to put the $$ back! Said they were justified in doing so because they sent out ‘Dormant Account’ letters to my (old) address! Asked if they thought I was deceased, what good that would do! Lol! Just got a ‘shrug’+insistance they were keeping the $$+justified in doing so because even if absurd in the circumstances, they did send the letters! Knowing the police/DPP/BMA wouldn’t get involved-+knowing the amount of time + expense+frustration involved in taking the matter to court would exceed the amount of $$ involved-I just wrote it off–and now keep most of my $$ offshore!
Banks are the worst. I think the person should get an absolute discharge. And the bank should be reprimanded to have better procedures in place to avoid this kind of mishap. Pure nonsense.