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MSE News: Number 10 to stop banks dipping into your account?

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  • never-in-doubt
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    jambosans wrote: »
    Yes, but as I've said on previous posts, offsetting is not something that happens straight away. Normally speaking, the bank will contact you if an account has fallen into arrears to arrange repayment. If a customer makes no attempt to put arrangements in place to repay said arrears, then I do not have an issue with offsetting.

    Also, before responding, I am strictly talking about genuine debts - not disputed debts.

    If the first thing a bank did was offset before contacting the customer in any respect, then of course I do not agree with this practice or condone it. However, from experience, I have known this not to be the status-quo.

    Mate why are you protecting this farce from the banks? I dont give a crap if they give me a years notice, the moment they dip into another account of mine i'll have em in the courts quicker than their feet can touch the ground - it is illegal for them to do this, and this is coming from someone that rips terms apart as a hobby! Trust me, they do not have a leg to stand on!

    I answered you here: #37

    The banks will always take the cash before telling you, be honest how many people would let the banks take it - given they had notice? So the banks never give notice they just go dipping in and as mentioned by Nathan, it is directly breaching Unfair Terms in Consumer Contracts Regulations 1999 on at least 3 counts (last time I checked).... want me to strip the terms apart and actually tell you where the banks are breaking the law? :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jambosans
    jambosans Posts: 1,493 Forumite
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    Mate why are you protecting this farce from the banks? I dont give a crap if they give me a years notice, the moment they dip into another account of mine i'll have em in the courts quicker than their feet can touch the ground - it is illegal for them to do this, and this is coming from someone that rips terms apart as a hobby! Trust me, they do not have a leg to stand on!

    I answered you here: #37

    I'm not protecting the banks, I am merely saying I do not have an issue with it.
    The banks will always take the cash before telling you, be honest how many people would let the banks take it - given they had notice? So the banks never give notice they just go dipping in

    I agree. Although when an account falls into arrears attempts will be made to contact the customer - whether that takes the form of statements, letters or phone calls. So the customer is aware there are arrears, and if they choose not to act by getting in contact I do not see offsetting as an issue. Now, what I've just said suggests I don't agree, but I agree that they will most likely not inform the customer they are about to offset. That said, with all previous correspondence, someone who buries their head in the sand and hopes the debt disappears, gets no sympathy from me.

    If you know it is illegal, then I'm not going to counter argue this. As I've said, I am merely explaining that I do not have an issue with a bank offsetting a debt when the customer has refused to deal with it.
    Anything I post is my opinion, so from time to time I may be wrong. I try to provide answers based in fact, however I don't know everything, so (like all posters on MSE), take what I say with a pinch of salt.
  • never-in-doubt
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    jambosans wrote: »
    I'm not protecting the banks, I am merely saying I do not have an issue with it.

    I agree. Although when an account falls into arrears attempts will be made to contact the customer - whether that takes the form of statements, letters or phone calls. So the customer is aware there are arrears, and if they choose not to act by getting in contact I do not see offsetting as an issue. Now, what I've just said suggests I don't agree, but I agree that they will most likely not inform the customer they are about to offset. That said, with all previous correspondence, someone who buries their head in the sand and hopes the debt disappears, gets no sympathy from me.

    If you know it is illegal, then I'm not going to counter argue this. As I've said, I am merely explaining that I do not have an issue with a bank offsetting a debt when the customer has refused to deal with it.

    Hiya

    Thanks for the above, I understand where you're coming from now and agree that those that bury their heads in the sand kinda ask for trouble but as my main point asked, if this was anyone else that you fell in arrears with they would have to wait until a professional allocated debts and paid them in order by asset conversion, i.e. a practising insolvency expert! The banks do not have priority over other debts, just because you may have a positive balance and this is where I am protected by law.

    Regards to the banks notifying people, they don't - that's the point. Like in my case, they took £800+ from my account one day, I queried it and it took over 3 months to find out they'd incorrectly linked me to someone else that owed them money - however, me being me, I took out one of their credit cards - spent the exact amount they took from my bank (plus £250 as my costs) and sent the card back with a letter informing them what I done (closed bank account the same day).

    They defaulted me on the credit card, I went to court (they failed to show) and I won judgment for default removal and case closed. They had no legal entity to take this money from my account whether I was the original debtor or not. :beer:

    The bank was HBOS by the way - yes, that will be Halifax (Garforth Leeds) branch. (naming and shaming lol)
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • plumber2009
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    Hiya

    Thanks for the above, I understand where you're coming from now and agree that those that bury their heads in the sand kinda ask for trouble but as my main point asked, if this was anyone else that you fell in arrears with they would have to wait until a professional allocated debts and paid them in order by asset conversion, i.e. a practising insolvency expert! The banks do not have priority over other debts, just because you may have a positive balance and this is where I am protected by law.

    Regards to the banks notifying people, they don't - that's the point. Like in my case, they took £800+ from my account one day, I queried it and it took over 3 months to find out they'd incorrectly linked me to someone else that owed them money - however, me being me, I took out one of their credit cards - spent the exact amount they took from my bank (plus £250 as my costs) and sent the card back with a letter informing them what I done (closed bank account the same day).

    They defaulted me on the credit card, I went to court (they failed to show) and I won judgment for default removal and case closed. They had no legal entity to take this money from my account whether I was the original debtor or not. :beer:

    The bank was HBOS by the way - yes, that will be Halifax (Garforth Leeds) branch. (naming and shaming lol)





    Well done NID. Now that is what i call fighting back.:j
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