member's misconduct

Some five year's ago a club member was also a part-time employee and thus entitled to a half price annual subscription. When no longer an employee and as a result of a change of treasurer and computer glitch, said member continued to receive half-price sub. renewal notices - paid same and never divulged change of status!  Situation has now come to light, yet member refuses to pay-up arrears on the grounds it was not his fault!  This would appear to warrant suspension of membership on the grounds of common fraud/theft . Anyone had experience of such a situation? CB.

That is a toughie. He must have known he was being charged incorrectly and he has kept quiet. However there is a responsibility on the supplier (in this case the golf club) to keep it's books in order and to invoice appropriately. 

I don't really know if legally it is fraud/theft if he has been invoiced and then paid what he was asked to pay.

I suspect if our business invoiced someone incorrectly then we would be on shakey ground. Especially after 5 years. I do know someone who didn't receive a gas bill for 7 years due to a admin error and once the gas company spotted it he just started paying from then - they didn't try to get the past 7 years back!

If it was my decision I would be charging him full whack from now on and be aware he is the sort of chap who wouldn't own up. Is it a private members club in that the members own the club - if so there might make a difference.

"Stealing whilst knowing."

Someone needs a quiet word with him to let him know it is theft and if the club pushed it he could be done for it. Also, the club could just persue it thro' the Small Claims Court. Either way the guy would lose.

Best suggestion; tell him to hold his hands up but plead poverty and ask the club if they'll take x amount a month.

I would think you would need to prove evidence of the terms of his reduced rate otherwise he could claim that he thought the amount he was paying was the normal price.

I doubt you would be sucessful in trying to get the arrears paid up as he has paid what you have invoiced him for?

I would think you would need to prove evidence of the terms of his reduced rate otherwise he could claim that he thought the amount he was paying was the normal price.

I doubt you would be sucessful in trying to get the arrears paid up as he has paid what you have invoiced him for?

In terms of any offence, it is not a criminal matter it is a civil matter. As he has paid what was invoiced, not a theft/fraud even though a bit dishonest, the only legal recompense would be through a civil claim. If it was a members club I would expect he would pay up the arrears, even if in installments, or be booted out!

If it's a private club I would name and shame.  I'm sure the other members would make sure he paid his fair share.  They would in our club!

As mentioned it is a civil matter as he has paid what he has been billed, however he knows full well what he's doing. The correct way forward would be for the committee to raise it in one of their meetings, putting it in the public domain, with a letter to said member. In these hard times for clubs, members are aware of the increase in subs needed by the club to keep their jheads above water and I'm sure there'll be few if no memebers that didn't have a negative view of his actiions.

It's right on the border line here as to whether it's an offence or not. He obviously knew he wasn't entitled to the discount anymore but he could quite easily play dumb and state he was unaware of the correct cost and was just paying what he was invoiced. This would never result in a criminal conviction as there is no certain proof he knew. However from a clubs point of view I'd certainly say they have every right to ask for the money and if he declines then show him the door.

Thank you all for your responses - most interesting. Yes - it is a private members club and the individual is a long-term member serving on the committee for several years until very recentlyThere is no doubt that he has been deliberately deceitful and dishonest and going down the route of - name & shame - suspension - repayment of undercharge would be the way forward.However, the powers-that-be are likely to favour  the - " no washing dirty linen in public" approach, especially as at the moment only a small number of members are aware of the misconduct! How does one forestall " a cover-up "? C.B.

An ex committee member? well that certainly changes things. I'm sure as a long standing committee member he would have witnessed most scenarios of subs evasion/deceit regarding membership categories. I cannot believe for one moment that he is not aware of his dishonesty. Name and shame without delay and make an example of him. Why should other members subsidise his golf? 

As i said above there is no way it is a criminal matter (I have to deal with them every day!), but as a members club, the last 5 years may have saved him £2500+??? I would have no sympathy with ousting, I am no longer a member at a decent members club as I can't afford to, but with 50% off I might be able to, shocking behaviour from a long standing member and ex committee member. I'm sure the club would be shown more respect if they are seen to deal with things properly!

Where is his integrity?

Golf is all about ettiquette, honesty and integrity and this fellow lacks them all.

The black ball awaits....

C.C. -  you sound like a defence lawyer!  Firstly, there is no intention of going down the legal route. Secondly, it is quite simply blatant dishonesty for five years. Mistake made by a new treasurer and taken advantage of. Brazen attitude adopted and no intention of paying full sub. for this year either! Quite incredible the level of deliberate deceit and low moral standard displayed. If a fellow member was a friend of mine and acted in such a manner and proud of his actions - I would refuse to play with him in future! Would I be taking too high a moral ground? Is it any different from cheating on the course for several years without being found out?