can bank take money without permission?

Buzby

On the other hand - if a direct credit was made to your account, and was the result not of a bank error, but the creditor supplying incorrect details (yours) - the ank can do nothing to recover it, nor will they supply your contact details (the DPA prevents this).

Unless you know he originators details, and this is seldom shown, you cannot reverse it. If you do not notice, which for many is eminently possible - it cannot be taken from you.

pvt

Lazyloki wrote: »

Just to make it perfectly clear where I stand on this matter; if I had so much as a sniff at the chance to get one over on the banks, I'd be all over it like a tramp on chips.

It's so interesting to hear where you stand; that you're happy to steal from banks whatever opportunity presents itself.

Would that include reaching over and grabbing cash from the teller's draw when they momentarily turn their back?

Curious if your dishonesty would extend to other organisations like supermarkets and petrol stations?

You're a really nice person - tramp seems an apt handle.

Mrs_Arcanum

If the OP is with the Halifax their method of showing "available spend" can be confusing especially as it is not as up to date as one would expect given modern banking.

Now if it were truly theft on the OP's part surely the police would be involved. Rather than a silly mistake that the banks own timing will cause a larger charge than was necessary. Definitely worth chasing the bank for a compromise.

jonesMUFCforever

Mrs_Arcanum wrote: »

If the OP is with the Halifax their method of showing "available spend" can be confusing especially as it is not as up to date as one would expect given modern banking.

Now if it were truly theft on the OP's part surely the police would be involved. Rather than a silly mistake that the banks own timing will cause a larger charge than was necessary. Definitely worth chasing the bank for a compromise.

OP does not say which bank it was.
The bank has acted correctly here (you can boo and hiss as loud as you like) it was not OP's money and to his credit he does not pretend that it was ever his money - he tried it on and he lost.

So many on here in the past with similar situations have blamed a change of jobs, too busy to see any statements etc etc.

Why are we arguing about this at all - it is not the bank's fault that he spent some/all of the money.

BobQ

The OP got his just deserts and the fees are a fittling punishment for his dishonesty. Its no different than finding a wad of cash on the floor and not handing it in.

But those who accuse people like me of being holier than thou I say that the OP was old enough to know the difference between right and wrong and chose wrong. To suggest that those who criticise the OP would do the same thing given the chance is disingenuous. Some of us actually have moral standards and you are not fit to lecture us on them if you make such comments.

Mrs_Arcanum

jonesMUFCforever wrote: »

OP does not say which bank it was.
The bank has acted correctly here (you can boo and hiss as loud as you like) it was not OP's money and to his credit he does not pretend that it was ever his money - he tried it on and he lost.

So many on here in the past with similar situations have blamed a change of jobs, too busy to see any statements etc etc.

Why are we arguing about this at all - it is not the bank's fault that he spent some/all of the money.

I base this on the Halifax £5 per day charge for going over the agreed overdraft. Something anyone with the Halifax tries to avoid like the plague.

Arthurian

The Ombudsman appears to look more kindly on such cases than some members of this forum. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/87/87-banking-complaints.htm . The OP knows, as we do, that he did wrong in spending the money, but perhaps the bank might refund overdraft charges if he puts his case to the Ombudsman.

pqrdef

exel1966 wrote: »

The OP stole. It's a criminal offence, others have been prosecuted for this

Really? Any convictions? Hard to believe.

The OP's offence was to spend past his overdraft limit. Well, they can't lock you up for it. After all, the bank is complicit.

I think he should argue that the de-facto effect of the bank's mistake was to increase his overdraft limit. If they wanted to reverse that increase, fine, but they should first have told him to get back under the reduced limit.

Anyway, Barclays will have lost the OP's business, because he won't be banking with them any more if that's their attitude.

pqrdef

Arthurian wrote: »

The OP knows, as we do, that he did wrong in spending the money

Hang on. How do we know which money we're spending? It's like food, it all goes down the same way. I don't keep my money sorted according to where it came from.

exel1966

pqrdef wrote: »

Really? Any convictions? Hard to believe.

The OP's offence was to spend past his overdraft limit. Well, they can't lock you up for it. After all, the bank is complicit.

I think he should argue that the de-facto effect of the bank's mistake was to increase his overdraft limit. If they wanted to reverse that increase, fine, but they should first have told him to get back under the reduced limit.

Anyway, Barclays will have lost the OP's business, because he won't be banking with them any more if that's their attitude.

I refer you to my earlier post (19). The law of the land is quite clear however you choose to interpret it or if you choose to like it or not.

Additionally from the theft act;-

In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made.
A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

The bank did what they're entitled to do. The OP is what I'd class as an opportunist (thief). He saw an opportunity to be dishonest, took a gamble and lost !

As for convictions, you'll find quite a few if you Google it, admittedly the amounts are higher, but the results are prison sentences.

I hardly think Barclay's will be too worried about the custom :rotfl: