please advise re bank error Abbey

substandard

LinasPilibaitisisbatman wrote: »

pops24 wrote: »

Abbey would not have chased for the full 3k unless it had been spent. They would have recovered what they could and chased the rest.

In a roundabout way, this does raise an interesting point. If no cheque was cashed for £2000, then where did the £2000 go? Does your brother still have it in his account?

In my opinion, you've been given perfectly good advice from the other posters in this thread and you should follow it and move on, but I'd be curious to know more detail.

pops24

[/QUOTE]

substandard wrote: »

LinasPilibaitisisbatman wrote: »

In a roundabout way, this does raise an interesting point. If no cheque was cashed for £2000, then where did the £2000 go? Does your brother still have it in his account?

In my opinion, you've been given perfectly good advice from the other posters in this thread and you should follow it and move on, but I'd be curious to know more detail.

Hi as far as i know my brother had his bank account closed shortly after the bank had been in contact. He had asked for all bank statements to be forwarded (he did not recieve last statement) & he is adamant that abbey recovered the 2k this way.

I have also asked him to push on the whereas abouts of the cheque. Abbey have refused to provide proof of 3k being spent, although he fully agrees approx 900 was & was willing to repay this but the bank kept pushing for full amount which he point blank refused to be responsible for.

The DCA only ring him & also refuse to discuss the matter, he offered for the amount spent & they said they'd see him in court & hung up only to ring next morning again! As this has only started up again I myself need to get all the details, names etc

But am I wrong in wanting him to fight this? Despite OP's misgivings I know cheque was not cashed & why if they are in right did bank refuse to sort out the matter when offered

phlogeston

bookworm1363 wrote: »

It's not that clear-cut. Equitable estoppel may be invoked

How could one invoke equitable estoppel? The original money is still in the account, no detriment can be shown. Therefore, EE does not apply.

substandard

i don't know if this will help, but elsewhere on MSE, in the advice about bank charges, you'll find that you can apply for all bank details under Data Protection laws (or maybe freedom of information, hopefully someone else will know better than me).

If so, you can pay a nominal fee (£10 iirc) and Abbey will be forced to send you all the records.

Does anyone else know more?

pops24

substandard wrote: »

i don't know if this will help, but elsewhere on MSE, in the advice about bank charges, you'll find that you can apply for all bank details under Data Protection laws (or maybe freedom of information, hopefully someone else will know better than me).

If so, you can pay a nominal fee (£10 iirc) and Abbey will be forced to send you all the records.

Does anyone else know more?

Thank you, :A

bookworm1363

phlogeston wrote: »

How could one invoke equitable estoppel? The original money is still in the account, no detriment can be shown. Therefore, EE does not apply.

but if this was a live account wit monies going in and out, how would you show what is original money and what is not? What if OP had got, I don't know, additional credit or an extended o/draft on the security of those monies?

All academic anyway at this point, as I said, statute-barred, so anything else is moot.

bookworm1363

substandard wrote: »

i don't know if this will help, but elsewhere on MSE, in the advice about bank charges, you'll find that you can apply for all bank details under Data Protection laws (or maybe freedom of information, hopefully someone else will know better than me).

If so, you can pay a nominal fee (£10 iirc) and Abbey will be forced to send you all the records.

Does anyone else know more?

Yes, it's irrelevant now. Abbey are not dealing with this anymore, the DCA is. It would be different if it were a "live" debt and in that case, yes, the DPA request would be useful. At the point where OP's at, however, it would be a waste of £10.

phlogeston

bookworm1363 wrote: »

but if this was a live account wit monies going in and out, how would you show what is original money and what is not?

Exactly why I said "original" (and made it bold and underlined). The account would need to be dormant (or only received credits). Which is why I then said "may".

Agreed though, the point is moot.:beer:

bookworm1363

Ok, right, I see what you mean. :beer:

cj087122

Hi

I'm currently in a similar situation as Pops and could do with some advice.

On Thursday 2nd April, I was credited with just short of £3k from a company I don't know with the reference of 'Goodwill Gesture'. I noticed the money on Sunday (5th April) and immediately phoned the bank and was told that i should spend the money. I questioned this and was told to perhaps wait until Monday (today).

Today I've phoned my bank again (Barclays) but the advisor was equally helpful (ie, not at all!). I've also tried to call CAB but can't get an appointment until next week.

I had unfortunatly already spent a little of the money before i noticed the error, although i can replace if i transfer the money from another account.

Any advice? Do i need to contact the company in question directly? Can they take the money back out of my account without my consent? And how did they get my bank account details?