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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22838
Experience:  Senior Partner at Berkson Wallace
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I have a question and wonder if you can answer for me i am

Customer Question

Hi i have a question and wonder if you can answer for me i am treasurer of local ex-servicemens club three years ago the manager set up a christmas club which was nothing to do with the club and his responsibilitybut he couldnt get a bank account for it so the previous treasurer agreed to open an account in the club name but the club were not responsible and it wouldnt be included in the club accounts which it has never been. in June this year the manager left and when we checked the christmas club there was £1885 missing from it a police investigation has taken place but with no evidence to say the manager took it only circumstantial the investigation has now been closed we have a meeting tomorrow with the christmas club members to advise as this was no part of the club where do we stand do we have to pay the money back to the members is there any legal requirement as just would like to know before the meeting. Many thanks Sara
JA: Where are you? It matters because laws vary by location.
Customer: Littleport in cambridgeshire
JA: What steps have you taken so far?
Customer: have done a detailed analysis of all monies paid in and passed everything on to police the police interviewed the previous manager and advised that they couldn't take it any further as couldn't prove he actually took it thats all we have done so far was waiting for police outcome before meeting with members
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thats it thanks you
Submitted: 13 days ago.
Category: Law
Expert:  Jo C. replied 13 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 13 days ago.
thank you
Customer: replied 13 days ago.
have you got my question ??
Customer: replied 13 days ago.
Hi Jo are you still there?
Customer: replied 13 days ago.
Hi Jo can i please have an answer to my question thank you
Expert:  Jo C. replied 13 days ago.

Sorry, I lost my connection.

I'm not sure what your question is about this?

Customer: replied 13 days ago.
What i would like to know is are we the club committee responsible to pay the christmas club members back the stolen money even though the christmas club wasnt part of club accounts but the bank account the money was banked to was in the clubs name i just need to clairfy
Customer: replied 13 days ago.
what else do you need to know to answer my question
Expert:  Jo C. replied 13 days ago.

It is not my area. I had thought it was criminal.

I have passed this onto somebody else.

Customer: replied 13 days ago.
will someone get back to me today
Expert:  Stuart J replied 13 days ago.

I have been asked to look at this for you as it’s more of my area.

Notwithstanding the closure of the police investigation, do you believe that you have enough evidence to take the managers of the civil court? For example, was he the only one who had access to this money and therefore, if it has gone missing, it must be him?

If the manager set this up at the club and even though he did it on his own, if it was done with the clubs knowledge and anyone investing in the Christmas club would believe that it was part of the servicemen’s club then although you are saying it’s not part of the servicemen’s club, I think that if it went to court because find that the servicemen’s club was vicariously liable for the actions of its employees (the manager) which would include administration of the Christmas club.

 

This depends of course whether any of the individuals or even all the individuals collectively are prepared to issue Small Claims Court proceedings against the club and the manager.

In my opinion, the deciding issue here would be whether the contributors to the Christmas club reasonably thought they were investing in something wrong by the servicemen’s club.

If they did, then apart from any moral obligation, then legally, the Servicemen’s club would be liable because they allowed this to happen under their banner.

I imagine this is probably not the answer you wanted but if it got to court I think the court would find that the Servicemen’s Club had to indemnify (pay up).

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards