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Hi all,
Quick question & scenario for you.
My partner, who suffers memory issues & a whole raft of other health problems rendering her, much to my frustration as I do at least 50 hours a week, unable to work. She is on benefits (despite her disabilities, they won't give her DLA so its 100 quid a week ESA!)
A year ago she instructed the bank to pay to me 40 quid a month to cover her mobile phone which is in my name as a bulk deal with the mobile company. This was first done via their (flaky) online banking & then over the phone in May 2014. Both times the instruction to pay was not set up. A year later we find ourselves in the position where she is 400+ quid in debt to me, which I can really not cover. The financial ombudsman says the bank did nothing wrong - I say they did wrong in doing nothing.
Question being: If we were to sue the bank for the 400+ quid via the small claims court, would we have a case? OK she would've paid that out over the term of the debt anyway, but the issue here is one of negligence & her inability to afford a large amount like that in the long term or to pay 50 quid a week to repay it. I can prove they were asked to do this stuff twice, one time I actually went to set it up online but their system spat its dummy out & the other time I was present whilst she was on the phone to the bank, may even have a recording of the call my side.
I can't imagine how they should get away with ignoring a basic instruction like this & force my partner to pay out 400+ quid as a lump sum. At the very least we should have some for of recompense, no? I also can't imagine a bank will waste solicitors fees on defending a case for what to them is a very small amount.
Quick question & scenario for you.
My partner, who suffers memory issues & a whole raft of other health problems rendering her, much to my frustration as I do at least 50 hours a week, unable to work. She is on benefits (despite her disabilities, they won't give her DLA so its 100 quid a week ESA!)
A year ago she instructed the bank to pay to me 40 quid a month to cover her mobile phone which is in my name as a bulk deal with the mobile company. This was first done via their (flaky) online banking & then over the phone in May 2014. Both times the instruction to pay was not set up. A year later we find ourselves in the position where she is 400+ quid in debt to me, which I can really not cover. The financial ombudsman says the bank did nothing wrong - I say they did wrong in doing nothing.
Question being: If we were to sue the bank for the 400+ quid via the small claims court, would we have a case? OK she would've paid that out over the term of the debt anyway, but the issue here is one of negligence & her inability to afford a large amount like that in the long term or to pay 50 quid a week to repay it. I can prove they were asked to do this stuff twice, one time I actually went to set it up online but their system spat its dummy out & the other time I was present whilst she was on the phone to the bank, may even have a recording of the call my side.
I can't imagine how they should get away with ignoring a basic instruction like this & force my partner to pay out 400+ quid as a lump sum. At the very least we should have some for of recompense, no? I also can't imagine a bank will waste solicitors fees on defending a case for what to them is a very small amount.
Actually, I love this forum now I've found it.
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