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TSB took my money

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  • TSB took my money

    Hi all.

    I need advice on how to bring a claim in court against a third party for money owed- other than a money claim.

    I was paid a lump sum amount 16k from my employer. I had access to the money via my account for 2 weeks before the bank put a block on my account. They asked where I got the money from where I was asked to prove the money was mine: supplied the bank with bank statements, pay slip, letter from employer confirming payment by them to me.

    The bank has refused to give me access to my account and money TSB.

    I took this to the Financial Ombudsman, but after 2 years of them looking into it the Ombudsman claimed I was out of time for them to address the concern. This was brought up as TSB claimed they had sent me a 'final' response letter, years ago, which I never received.

    However, during the years I had raised several complaints with TSB on the money, under recorded conversations, TSB claimed they logged the complaints, but never resolved any of them. Only now stating that a 'final' response was given previously. However, for every complaint logged, no one ever mentioned a final response had been given- TSB advisors always said they'd contact the relevant dept (community fraud team) and raise it with them. We'd go through the motions, and I'd be requested to provide the same documents I had already presented- and then nothing would happen, not even a response. The final straw was being notified that the Financial Ombudsman would not progress my case, as working the time backwards and noting what TSB are stating (they had provided a final response), I am out of time.

    Long story short, I was directed to a 'money claim' however that's me paying to get my money back. I'm not prepared to do that, as I'd be at loss (paying for the claim), therefore, is there a way to bring a claim in court against TSB and if won, they pay my costs? as lawfully I should be without loss, let alone the bank have stolen my legitimate money.

    Thanks for reading, any and all advice is considered.
    Last edited by info_needed; 26th July 2022, 12:31:PM.
    Tags: None

  • #2
    If you do not claim, how much do you think you will get back? Isn't 16k worth some investment?

    The point is that every claimant (unless exempt) has to pay a court fee. If you win, you may expect the defendant to be ordered to pay you that court fee, together with other costs and expenses.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      If you do not claim, how much do you think you will get back? Isn't 16k worth some investment?

      The point is that every claimant (unless exempt) has to pay a court fee. If you win, you may expect the defendant to be ordered to pay you that court fee, together with other costs and expenses.
      I've read that via a money claim, one cannot claim back costs/fees.. this is my point asking what alternatives are there, as I cannot be expected to 'pay' to have my money back (where I cannot claim back my costs/fees - as that means I'm at loss, impacted by another for no good reason).

      Comment


      • #4
        What you have read is not correct. It applies to Small claims cases - which a case for 16K is not. In Small claims cases you may not get back fees paid to lawyers, but will get back court fees paid. See CPR 27.14(2) https://www.justice.gov.uk/courts/pr...s/part27#27.14.

        A case for 16K, if contested, will not be allocated to the Small Claims track but to the Fast track. Normal rules that loser generally pays the winner's costs apply.

        But in any event, right now and without your 16K, are you not at an even bigger loss?
        Last edited by atticus; 26th July 2022, 13:26:PM.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          What you have read is not correct. It applies to Small claims cases - which a case for 16K is not. In Small claims cases you may not get back fees paid to lawyers, but will get back court fees paid. See CPR 27.14(2) https://www.justice.gov.uk/courts/pr...s/part27#27.14.

          A case for 16K, if contested, will not be allocated to the Small Claims track but to the Fast track. Normal rules that loser generally pays the winner's costs apply.

          But in any event, right now and without your 16K, are you not at an even bigger loss?
          I stand corrected, as all info I have found relates to small claims rules.

          Thanks for the advice.

          Comment


          • #6
            Just to be clear,do you now have a copy of the final response letter?

            Comment


            • #7
              It sounds as if they thought you may be involved in some sort of money laundering. Do you have correspondence from your employer about it which might show that it was a proper receipt?

              Comment


              • #8
                How long ago did this happen?
                If FoS claim was out of time (they have a six year limit to raise a complaint) you may have problems bringing a court claim

                Comment


                • #9
                  Originally posted by info_needed View Post

                  I stand corrected, as all info I have found relates to small claims rules.

                  Thanks for the advice.
                  yes, final response is in hand from FoS, and after further discussions, looking at merits of the case, the overriding decision was the FoS cannot act as the request for them to investigate was out side of the 6months I had to raise the complaint to the FoS.

                  Comment


                  • #10
                    Originally posted by sandfordboy View Post
                    Just to be clear,do you now have a copy of the final response letter?
                    oh the employer (ex-employer now) gave me a salary slip, wrote a letter to the bank, and I even pulled my HMRC record to prove NI and tax was paid legitimately

                    Comment


                    • #11
                      I'm concerned now, as after attempting to correspond with the bank from 2020-2021, and then waiting for the FoS to respond and give a decision from their end, its now 2022 AND I'm no further forward what I should do, except to know I've bene robbed and the system has failed me, as I've found out that each business (bank) follow no set of rules or regulation, except that they independently self rule and regulate themselves on fraud and fraud prevention.

                      Comment


                      • #12
                        Originally posted by des8 View Post
                        How long ago did this happen?
                        If FoS claim was out of time (they have a six year limit to raise a complaint) you may have problems bringing a court claim
                        Can you please elaborate on this one?

                        I was told from a final letter, I have 6 months to bring the case to the FoS, however, never receiving the final response I pushed on with TSB arguing my points that what they asked me to prove I proved... COVID and a whole host of situations transpired and TSB did not reply, until late Dec 2020, then again in Jan 2021, but no further forward they just kept asking for the same docs I'd already given them. I took legal advice and was direct to the FoS, who then dragged their feet under the guise of COVID, 6 months into it they wrote to enlighten me that TSB had given a final response in March 2020. I'm like this was news to me, long story short, FoS concluded I was out of time of the 6 months from TSB final letter from 2020, and no more they can advise on.

                        My gripe is TSB never once stated they had already issued a final response to me, not throughout 2020 or 2021, where I raised several complaints on TSB for not responding in time or at all to my complaints or requests to have the money back and access to my account.

                        Yes I see and understand now I can take them to court via a money claim, and in hindsight the info I was given years ago was wrong, as it was my reluctance not to have done that sooner, as I do not want to be out of pocket (at loss) for something out of my control more than I need to be and I was to believe I could not recover my costs- which I know now I can.

                        Comment


                        • #13
                          Sorry, I was unclear.

                          Firstly I was concerned about when this whole saga started, i.e. were you still within the 6 year limitation period to initiate court action against TSB

                          Secondly the FoS site states you have to bring a complaint to them within 6 months of receiving the institution's final letter.
                          As you have not received such a letter have TSB been able to demonstrate they ever sent such a letter eg a certificate of posting? or are they considered to be whiter than the driven snow and never make mistakes and so their word that it was sent is sufficient.
                          If FoS believe it was sent, do they believe you are lying when you state it was not received?
                          This would be a case of double standards and I would be making complaints to all and sundry , especially Nausicaa Delfas (Interim CEO) and my MP

                          Comment


                          • #14
                            Originally posted by des8 View Post
                            Sorry, I was unclear.

                            Firstly I was concerned about when this whole saga started, i.e. were you still within the 6 year limitation period to initiate court action against TSB

                            Secondly the FoS site states you have to bring a complaint to them within 6 months of receiving the institution's final letter.
                            As you have not received such a letter have TSB been able to demonstrate they ever sent such a letter eg a certificate of posting? or are they considered to be whiter than the driven snow and never make mistakes and so their word that it was sent is sufficient.
                            If FoS believe it was sent, do they believe you are lying when you state it was not received?
                            This would be a case of double standards and I would be making complaints to all and sundry , especially Nausicaa Delfas (Interim CEO) and my MP
                            Yes, I definitely did not receive the final response when TSB claimed they had sent it, but the FoS have taken their word as gospel despite the fact I had liaised with TSB for over 10months without being notified of that fact until I went to the FoS,

                            If I bring a money claim, and knowing the FoS was out of time, all I have is what I presented TSB in the first place, what's the odds the court will say its not enough, I have a letter from my previous employer, wage slip (showing the necessary off takes and payment), my bank statement, and that's it. I simply do not know what TSB are looking for, and in the same breath, what the court ill be looking for, simply put I don't have what I don't have. All I know is I was to be paid at the end of a project, that ended, I was paid.

                            Comment


                            • #15
                              If I was in your position i would be considering initiating a court claim.
                              You can prove the money was yours honestly and it will be for TSB to prove it was obtained fraudulently or is the proceeds of crime or whatever

                              With court there is always a risk of losing and being on the wrong side of a costs award , but on the basis of what you have posted,for 16,000 I would be taking that chance

                              Comment

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