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Joint account Bank taking money without consent

  • 18-06-2014 7:08pm
    #1
    Hootanany
    Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭


    Can they do this?


Comments

  • #2
    The Hill Billy
    Registered Users, Registered Users 2 Posts: 22,817 ✭✭✭✭The Hill Billy


    With a joint account - generally any signatory can it draw funds without consent unless it was specified that two or more signatures were necessary.

    On what basis did you set up the account?


  • #3
    Hootanany
    Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Hootanany


    No sorry the Bank took the money without consent of he 2 parties.


  • #4
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Hootanany wrote: »
    No sorry the Bank took the money without consent of he 2 parties.
    Any chance of some more details on how much was taken and for what purpose?


  • #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hootanany wrote: »
    No sorry the Bank took the money without consent of he 2 parties.

    Just to be clear: when you say without consent I think you mean they didn't specifically ask you could they take this sum of money cause, some unusual fraud or accounting issue aside, you've already given them permission to take your money when you opened the account. They can do this in any number of circumstances without needing to inform you or seek further consent.

    So basically yes. They can take your money but it depends on the circumstances. Any details you give will take this from general hypothetical to legal advice so nobody can really say too much more than that.

    Best of luck


  • #6
    Hootanany
    Registered Users, Registered Users 2 Posts: 5,477 ✭✭✭Hootanany


    Deleted User wrote: »
    Just to be clear: when you say without consent I think you mean they didn't specifically ask you could they take this sum of money cause, some unusual fraud or accounting issue aside, you've already given them permission to take your money when you opened the account. They can do this in any number of circumstances without needing to inform you or seek further consent.

    So basically yes. They can take your money but it depends on the circumstances. Any details you give will take this from general hypothetical to legal advice so nobody can really say too much more than that.

    Best of luck

    How did i give them consent? Many thanks for the input


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  • #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hootanany wrote: »
    How did i give them consent? Many thanks for the input

    You signed an account application form that was subject to their terms and conditions


  • #8
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Hootanany wrote: »
    How did i give them consent? Many thanks for the input

    What was the money taken for? Bank fees? Direct debit?


  • #9
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Hootanany wrote: »
    How did i give them consent? Many thanks for the input

    You would probably have to give more details if we are to understand the issue.

    For instance, there is such a thing as a banker's right of set-off, where a bank can take money from a customer's account to pay down a debt owed to said bank in another account.


  • #10
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,804 ✭✭✭GerardKeating


    Hootanany wrote: »
    How did i give them consent? Many thanks for the input

    Most T&C for Bank accounts, give the right to the bank to "raid" one account to cover another which is overdrawn, or to take fees or other monies owed to them.

    Was it something like that, What did they say when you asked it. It is always possible that this is a mistake or some sort, they do happen.


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