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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have a dispute with my dad. he contacted the police accusing

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HI I have a dispute with my dad. he contacted the police accusing me of fraud on his bank accounts. He holds 2 bank accounts , one of which I am a joint account holder, and the other general authority (3 Party). The bank is at Barclays and I have been into branch and they told me I have full authority on the accounts as we both signed the forms . It was my dads wishes to have me on his accounts. He is pushing for something to be done. can you give me any advice please
Jayne.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
Hi I would like advice on my situation which has arisen with my dad regarding fraud. I have ha a joint account with him and a general authority on the other which I have been led to believe that this isn't a legal issue it is moral as I have offered to pay the money I have borrowed not stolen like his is accusing me of. I need advice please as this has been reported to the police and I am scared that my dad can force action. I have paper work to prove my status on the bank accounts. Can you advise me please,
Expert:  Jo C. replied 1 year ago.
Yes, what would you like to know about this?
Customer: replied 1 year ago.
is this a legal matter can he take me to court
Expert:  Jo C. replied 1 year ago.
Yes, he can.
If he is prepared to lie about this and make allegations of fraud then that is a criminal offence and that is an issue for the police.
If he is going to tell the truth then this is not fraud but then I suppose he has already lied or the police would not be acting. It depends what he is saying on the point.
If you have a joint account then you are entitled to make withdrawals from it although it depends whether he is saying there was a misrepresentation of some form.
If you can ask a more specific question I might be able to offer more.
Jo
Customer: replied 1 year ago.
Since this has happened in April there has been numerous emails sent by my Uncle which have been of a bulling and threatening nature. I have said from the start I am willing to pay the money I borrowed. I even had verbal consent from my dad saying if you need to borrow money ,its only money, take what you need and pay me back when you can
Expert:  Jo C. replied 1 year ago.
How old is your father?
Customer: replied 1 year ago.
my father is 71. before he emergrated to spain we both went to Barclays bank and at his wishes made me joint account holder and general authority on his other account. I have spoken to the bank and they told me I have full authority on the bank account because we both signed the forms and the forms would have been explained to him making sure he understood that was what he wanted, They also said as a 3rd party/ general aurthority I have as much right to legally withdraw .
Customer: replied 1 year ago.
can he force legal action as I am confused
Expert:  Jo C. replied 1 year ago.
If he makes a report of some form of misrepresentation then that would amount to fraud.
If you are saying there wasn't a misrepresentation then that gives you a defence.
Customer: replied 1 year ago.
sorry what do you mean misrepresentation ?
Expert:  Jo C. replied 1 year ago.
An untrue or misleading statement.
Customer: replied 1 year ago.
so is it my understanding because he gave me verbal consent several times in the past, that if I needed to borrow money I could. But I have no proof of this as it will become my word against his . I thought I was covered by the bank ?? I am totally confused .
Customer: replied 1 year ago.
when I spoke to the police they interpretation was this is a moral issue not legal, but I am confused now
Expert:  Jo C. replied 1 year ago.
Yes, that is right.
Also, it depends to what he consented and whether you acted outside of it.
Customer: replied 1 year ago.
According to Barclays he fully consented to having me act on both his accounts because we both signed a form. They told me this form would of been explained to him to make him aware he was giving me authority, and it is only one signature needed on the account. The bank said if he tried to push this it is like opening a can of worms. Have I got that correct ?
Expert:  Jo C. replied 1 year ago.
Well, it depends.
You are confusing a contractual position with a criminal one.
If you have a joint bank account then you can make withdrawals from it but that doesn't mean it couldn't amount to fraud depending on what he is saying has been said to him.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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