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Sueing the bank

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  • 20-03-2003 2:06pm
    #1
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭


    The Ma just rang me from the bank to tell me that the Daddy has been withdrawing money from a joint account for years, without her signature. They're separated, however the withdrawals aren't really all that much of an issue, I'm more curious about the banks behaviour in this case. Can we sue the ass off them? Please say yes, I'd love to take a bank for a few quid.

    By the way, I think I've seen a legal discussion list somewhere, anyone know where? Is it open to all?

    adam


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    #2
    Victor
    Registered Users Posts: 78,312 ✭✭✭✭Victor


    If the account needed joint signatures, you "Ma" (your word, not mine) could sue the Daddy (your word, not mine) and the bank. You would go after the bank for breech of contract / breech of duty.

    (This is not a judgement statement) However one must wonder if your parents are separated, why they have a joint account. The courts may question this. Possible situation may be where the family home was sold and the money is awaiting disbursal.

    This is really one for the real lawyers though.


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    #3
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    one must wonder if your parents are separated, why they have a joint account. The courts may question this. Possible situation may be where the family home was sold and the money is awaiting disbursal.

    It's not a legal separation and they're on reasonably good terms, so they just never bothered. Well, my ould fella never bothered cos it suited him, the Ma never bothered because she's a wuss. Either way, same difference. There are other issues, such as the fact that the Ma is a Director of the Daddy's company, the fact that she bailed him out with the taxman a couple years before the separation, etc, however I'd wonder if any of this has a bearing on the facts of the case: breach of contract is breach of contract?

    adam


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    #4
    Victor
    Registered Users Posts: 78,312 ✭✭✭✭Victor


    Originally posted by dahamsta
    breach of contract is breach of contract?
    If it was joint signatures and only one signature was given then yes breach of contract, but its the breech of fiduciary duty thats the killer. Daddy didn't, eh, write in Mammys signature did he? Mammy isn't hiding anything from you?

    Yes, /me is paranoid.


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    #5
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Daddy didn't, eh, write in Mammys signature did he? Mammy isn't hiding anything from you?

    I haven't talked the the Ma in detail about this yet, but it appears at this stage that the bank have admitted this. I'll come back about it when I know more.

    adam


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    #6
    b20uvkft6m5xwg
    Closed Accounts Posts: 2,695 ✭✭✭b20uvkft6m5xwg


    Originally posted by dahamsta
    By the way, I think I've seen a legal discussion list somewhere, anyone know where? Is it open to all?

    adam

    Try www.flac.ie

    --
    If the bank has acquiesed with a fraud there is a potential to hold them accountable for breach of a fiduciary duty to you mother as a Joint account holder.

    Raise the issue with above and see what they have to say.


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    #7
    spongebob
    Closed Accounts Posts: 6,143 ✭✭✭spongebob


    Originally posted by dahamsta
    Daddy didn't, eh, write in Mammys signature did he? Mammy isn't hiding anything from you?

    I haven't talked the the Ma in detail about this yet, but it appears at this stage that the bank have admitted this. I'll come back about it when I know more.

    adam

    Some joint accounts will allow either party to sign and withdraw.

    Some require that both parties sign or its no wonga.

    If the Ma put money into an account that the Da could sign it out of then the Bank is not at fault AT ALL unless both signatures were required.

    The isssue of the DA pulling money out that was not his is a police matter in the first instance. Send the peelers down to get him to confess, there is ample proof he took the cash ! Once the peelers turn it into a criminal matter then there is the issue of 'distress' which is useful when trying to get settlements outta banks in my experience.

    Once the bank settles quietly, ya can tell the peelers to leave the Da alone (drop the charges) but ya gotta get the peelers investigating for starters. A mate got 10k out of a bank when they bounced a sub 1k cheque on him, distress damage to reputation etc etc.

    M


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    #8
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Originally posted by Muck
    A mate got 10k out of a bank when they bounced a sub 1k cheque on him, distress damage to reputation etc etc.

    M
    Damn I should have gotten the law after Ulster Bank!
    2 years ago when I set up an account with them in Drogheda, after a couple of months I noticed that cheques for over a grand was being lodged to my account and them immediately withdrawn. I got onto them about it and they were really quite rude about it, turned out *I* had been given an account number that someone else had had in the Ulsterbank, and the idiots hadn't realised that some MAN was trying to cash a cheque on an account in the name of Joanne!

    It caused me a lot of distress :(


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