Re: Can the bank ‘UNCLEAR’ cleared funds?
A well reasoned and just judgement!
nem
Originally posted by Nicola Bell
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During the trial the bank did say that there was no loss, but it seems that as there was no witness statement this does not count as evidence.
In his judgement the judge said that the bank had taken the money wrongly as the funds were mine. He said the bank had given no oral evidence. He said that the Certainty of fate principle applies. He said the CoF is a device adopted by banks to ensure cheques placed move quickly through accounts. He said it seems clear to him that 'paid in' means paid in at the post office, so for sums paid in at the post office on the 5th, the time runs from the 6th, so time well passed before the 17th when funds were withdrawn. He said it could have been a claim for £35,000 and I limited it to the £9,027. The bank failed to comply with T&Cs and also gave strong and persistant advice to me that the funds were cleared. The lawyer asked what the loss was and the judge said the loss was of the funds.
In his judgement the judge said that the bank had taken the money wrongly as the funds were mine. He said the bank had given no oral evidence. He said that the Certainty of fate principle applies. He said the CoF is a device adopted by banks to ensure cheques placed move quickly through accounts. He said it seems clear to him that 'paid in' means paid in at the post office, so for sums paid in at the post office on the 5th, the time runs from the 6th, so time well passed before the 17th when funds were withdrawn. He said it could have been a claim for £35,000 and I limited it to the £9,027. The bank failed to comply with T&Cs and also gave strong and persistant advice to me that the funds were cleared. The lawyer asked what the loss was and the judge said the loss was of the funds.
nem
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