A BUILDER who fleeced a confused pensioner out of £700 is awaiting sentence.

Bankrupt John Harvey, 64, overcharged 88-year-old Horace Moorcroft for jobs as well as taking money for work he never carried out, Burnley Crown Court heard.

Mr Moorcroft, who has since died, had been suffering from senile dementia but the offences came to light after his niece became worried about the dwindling cash in his bank account.

Harvey, of Coronation Road, Brierfield, admitted five charges of theft and was bailed until March 25 for sentence by Recorder Angela Nield, who said she had not yet mind up her mind whether he would be facing jail.

John Oultram, prosecuting, said in February 2001, Mr Moorcroft's niece found a number of cheques had been made payable to the defendant and contacted the police. The victim was asked about the payments but was unable to explain why so much money had gone because of his mental condition.

Harvey was arrested and interviewed. Two cheques were found in his car from Mr Moorcroft's account and the defendant claimed the pensioner had given them to him in case he couldn't find his cheque book.

Mr Oultram said a chartered surveyor visited Mr Moorcroft's home and found works had not been done. Cheques had been made payable to Harvey's wife's account as the defendant at the time was said to be an undischarged bankrupt.

Mark Stuart, defending, said the offences did not fall into the category of those people who preyed on the elderly and for whom custody was inevitable. Harvey had no convictions at all for dishonesty and had been a self employed builder for the last 30 years. In 1996, through no fault of his own, the defendant was made bankrupt after not getting paid for a job. He was left with a £13,000 debt which he couldn't pay. Since then he had not been able to have a bank account of his own.

Mr Stuart said Harvey took money he should not have taken from Mr Moorcroft. He accepted he was not entitled to the cash but he did not set out intending to take money off the pensioner. The defendant was at low risk of reoffending and it was borderline as to whether the case crossed the custody threshold.

Mr Stuart said in 1997 Harvey's son died after being diagnosed HIV positive. The son's illness was going on at the time Harvey was being made bankrupt and but for those difficulties, he may well have avoided being made bankrupt.