Woman who cashed £5k cheque sent in error for one of £500 avoids jail over theft

A WOMAN who cashed a cheque made out for £5,000 in error when it should have been £500 has admitted stealing the balance and refusing to return it.

But due to health problems and insufficient means, a court has stopped short of ordering Teresa McCafferty (68) of Circular Road in Londonderry to repay the cash.

Dungannon Crown Court heard McCafferty purchased a caravan for £5,500 from Northern View Leisure of Cookstown in 2012.

Five years later she contacted the company, advising she no longer required the caravan, and in keeping with the existing purchase contract, would be selling it back. The company manager made an offer of £500, which McCafferty accepted.

A legal agreement was posted to her for signing, which she did, and returned along with the caravan keys.

However, in October 2017 McCafferty received a cheque for £5,000, which had been issued as a result of a clerical error on the part of the company’s finance department.

On discovering this it contacted McCafferty but she refused to engage, and it transpired the cheque had been cashed.

The company sought repayment of the £4,500 balance, but McCafferty refused, stating she would rather go to jail than pay back the funds.

Numerous letters were sent and a company representative called at her home, but was met with hostility.

McCafferty persistently made the case she had been offered £5,000, not £500. It was put to her the original purchase was £5,500 and allowing for depreciation in the five years which had passed, an offer of £5,000 was unrealistic, but she insisted the offer was for £5,000.

During police interview she claimed to have opened the offer letter while queueing in the Post Office and did not read it properly, before signing and returning it with the keys.

She denied receiving any letters from the company, even though they were sent recorded delivery, and further denied answering telephone calls from unknown numbers or listening to voicemails.

However, McCafferty reversed her position on entering the dock and when the charge was put to her she replied: “I’m guilty.”

A defence barrister said: “It is unfortunate the error was made in respect of the cheque and unfortunate my client chose not to return it.”

He pointed out McCafferty had spent upwards of £3,000 on improvements to the caravan, and as such “the £500 offer seems low”.

McCafferty, he added, has no means to repay the funds, is without savings and exists on a state pension.

Judge Stephen Fowler QC took account of McCafferty’s previously clear record, her guilty plea and noted her inability to repay the funds.

He said: “If I were to award compensation I would be setting the defendant up to fail.

“It is an unfortunate position but I do not intend to indirectly jail her for going into default on repayments.”

Judge Fowler imposed a conditional discharge, which is to remain for two years. MINIATURE Santa Orangemen — built using Nanoblock parts — are anticipated to march off the shelves this Christmas.

The quirky figures are among a new line of products available as seasonal gifts in the Orange Order’s shop at its Belfast HQ.

Other festive stocking fillers include Christmas bauble decorations, light-hearted Christmas cards and New Year calendars.

It is expected the small Santa Nanoblock figures — complete with Orange collarettes — will once again prove popular with members and the wider public.

Ahead of the Twelfth of July this year, similarly styled Orangemen donning bowler hats sold out due to unprecedented demand.

Grand Lodge services and outreach manager David Scott said the institution’s annual seasonal marketing initiative was always well received, with orders being placed from across the world.

“Every year we like to offer our membership and the public something different and so we are delighted to introduce our Santa Orangemen, along with a full range of Christmas-themed products,” he said.

“Ulster people share a unique sense of humour and I have no doubt our exclusive line of stock will be widely appreciated.”

The full range of gifts are from www.grandorangelodge.co.uk or by calling 028 9070 1122 for more information.