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  • FIRST POST
    • spotify95
    • By spotify95 16th Apr 18, 12:42 AM
    • 6Posts
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    spotify95
    Would any of the banks do this to try and recover damage costs?
    • #1
    • 16th Apr 18, 12:42 AM
    Would any of the banks do this to try and recover damage costs? 16th Apr 18 at 12:42 AM
    Let's say for example a guy goes to his local branch of Halifax to complain because his card keeps on getting declined everywhere he tries to make a purchase. When he is told it's because he is in an unauthorised overdraft and nothing can be done to rectify this, it's his responsibility to manage his spending better, he loses his temper and smashes up everything in the branch as well as the windows, then gets hold of a foam fire extinguisher and sprays it's contents everywhere around the now damaged bank.

    As well as obviously shutting down all and any of his accountson he holds with them and bringing legal proceedings against him, would they use all and any money he had in any of his accounts with them (let's say if he had a few thousand in his web saver account despite his main current account being overdrawn without permission), to help cover the costs of repairs, downtime etc?

    If they won't, do you think they should as a matter of policy?
Page 1
    • Ben8282
    • By Ben8282 16th Apr 18, 1:34 AM
    • 2,283 Posts
    • 1,017 Thanks
    Ben8282
    • #2
    • 16th Apr 18, 1:34 AM
    • #2
    • 16th Apr 18, 1:34 AM
    A more likely scenario is that they would suggest transferring some of the money in the other account to his current account to rectify the situation rather than saying there was nothing they could do.
    If a person was to behave in the manner suggested it is likely that the police would be informed and he would be charged with criminal damage.
    I'm not sure if they could legally take the money to pay for the damages or not. Possibly not. But they could always sue him for the cost of the damage.
    • jonesMUFCforever
    • By jonesMUFCforever 16th Apr 18, 2:36 AM
    • 24,767 Posts
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    jonesMUFCforever
    • #3
    • 16th Apr 18, 2:36 AM
    • #3
    • 16th Apr 18, 2:36 AM
    Let's say for example a guy goes to his local branch of Halifax to complain because his card keeps on getting declined everywhere he tries to make a purchase. When he is told it's because he is in an unauthorised overdraft and nothing can be done to rectify this, it's his responsibility to manage his spending better, he loses his temper and smashes up everything in the branch as well as the windows, then gets hold of a foam fire extinguisher and sprays it's contents everywhere around the now damaged bank.

    As well as obviously shutting down all and any of his accountson he holds with them and bringing legal proceedings against him, would they use all and any money he had in any of his accounts with them (let's say if he had a few thousand in his web saver account despite his main current account being overdrawn without permission), to help cover the costs of repairs, downtime etc?

    If they won't, do you think they should as a matter of policy?
    Originally posted by spotify95
    Did you do this?
    You are right that the accounts would be closed - I think whether they took any monies to recover costs for damages would depend on any court case - Halifax may ask the court for damages.
    IMO this would be unlikely - a cheque for all balances would be made out to the account holder when accounts were closed so no monies would be held back.
    What goes around - comes around
    give lots and you will always receive lots
    • Shakin Steve
    • By Shakin Steve 16th Apr 18, 7:09 AM
    • 1,429 Posts
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    Shakin Steve
    • #4
    • 16th Apr 18, 7:09 AM
    • #4
    • 16th Apr 18, 7:09 AM
    Ben & Jones......I can't believe you actually answered that load of codswallop.
    I came into this world with nothing and I've got most of it left.
    • welshbookworm
    • By welshbookworm 16th Apr 18, 7:24 AM
    • 2,480 Posts
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    welshbookworm
    • #5
    • 16th Apr 18, 7:24 AM
    • #5
    • 16th Apr 18, 7:24 AM
    When is the book out on Kindle?
    The best portion of your life will be the small, nameless moments you spend smiling with someone who matters to you.
    • spotify95
    • By spotify95 16th Apr 18, 10:49 AM
    • 6 Posts
    • 2 Thanks
    spotify95
    • #6
    • 16th Apr 18, 10:49 AM
    • #6
    • 16th Apr 18, 10:49 AM
    Did you do this?
    You are right that the accounts would be closed - I think whether they took any monies to recover costs for damages would depend on any court case - Halifax may ask the court for damages.
    IMO this would be unlikely - a cheque for all balances would be made out to the account holder when accounts were closed so no monies would be held back.
    Originally posted by jonesMUFCforever
    No way! It was just a hypothetical scenario I was asking about and I gave Halifax as an example because I have a bank account with them, however any issues no matter how big or small, I'd look to resolve in an orderly fashion that doesn't involve damage to anyone's property.
    • eskbanker
    • By eskbanker 16th Apr 18, 10:58 AM
    • 7,148 Posts
    • 7,589 Thanks
    eskbanker
    • #7
    • 16th Apr 18, 10:58 AM
    • #7
    • 16th Apr 18, 10:58 AM
    Haven't the schools gone back yet?
    • Badger50
    • By Badger50 16th Apr 18, 11:46 AM
    • 99 Posts
    • 98 Thanks
    Badger50
    • #8
    • 16th Apr 18, 11:46 AM
    • #8
    • 16th Apr 18, 11:46 AM
    The OP is preposterous but it does raise the issue of Banker's Lien and the extent of it. The bank would certainly be able to recover the overdraught from any other in-credit accounts. It would also normally be able to recover any other legally enforceable debt from the client's assets held by them. A possible claim for compensation would not be legally enforceable without some judicial process. The question for me is whether the bank would be justified in freezing the accounts pending legal action so that the money would be there for them when they obtained a judgement awarding damages.
    • Badger50
    • By Badger50 16th Apr 18, 12:03 PM
    • 99 Posts
    • 98 Thanks
    Badger50
    • #9
    • 16th Apr 18, 12:03 PM
    • #9
    • 16th Apr 18, 12:03 PM
    A well known example of a lien is when you take a car to the garage to be repaired. The garage has a lien on the car meaning that the garage can keep the car in its possession if you refuse to pay for the repair. They can then get a judgement against you for the debt and if you still won't pay up the car may be sold. If, as I would imagine it does, Banker's Lien works in the same way they would be able to hold on to the customer's assets pending the outcome of legal proceedings. But what do I know? I am only a bloke on the internet.
    • jonesMUFCforever
    • By jonesMUFCforever 16th Apr 18, 1:07 PM
    • 24,767 Posts
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    jonesMUFCforever
    Banks don't call it a lien they call it a right of set off.
    This is when the overdrawn account and the account in credit are in the same names for the same beneficial owner.
    What goes around - comes around
    give lots and you will always receive lots
    • EachPenny
    • By EachPenny 16th Apr 18, 1:51 PM
    • 4,970 Posts
    • 13,233 Thanks
    EachPenny
    If, as I would imagine it does, Banker's Lien works in the same way they would be able to hold on to the customer's assets pending the outcome of legal proceedings. But what do I know? I am only a bloke on the internet.
    Originally posted by Badger50
    I think it might be one of those things where it comes down to account terms and conditions. If there were wording to the effect the bank could refuse a withdrawal request in the event the bank suffers some form of consequential loss arising from the banking relationship then maybe they could hold on to the money, but as you suggest, I don't think they could claim it as theirs (as compensation) without first going through a judicial process.

    Perhaps Halifax will now be drafting something ready for their next T&C's update Although with Lloyds and BoS reducing interest rates it might be them who need to be concerned about hordes of savers descending on them and setting the fire extinguishers off.
    "In the future, everyone will be rich for 15 minutes"
    • realaledrinker
    • By realaledrinker 16th Apr 18, 1:57 PM
    • 1,575 Posts
    • 537 Thanks
    realaledrinker
    If said guy had called into Halifax Frodsham St Chester branch I could quite believe the scenario.
    Ethical moneysaver
    • Roland Sausage
    • By Roland Sausage 16th Apr 18, 5:30 PM
    • 542 Posts
    • 401 Thanks
    Roland Sausage
    The OP is a known associate (maybe even an alter ego) of internet troll pinkteddyx64, well known on multiple other forums for trolling and posting rubbish like this.
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