Government bill to empty your bank account

[Notch7]

TBH I thought they could do all that already

Yes, I thought that. They already have powers to take child maintenance direct from bank or employers

 

[JohnD]

Is that so they can claw back the couple of quid some people got as a carer when they were actually too filthy rich by 2s 6d.

TBH I thought they could do all that already. Haven't read it , but it;'s about seizing incorrectly aquired assets, right?

Maybe the Bra Baroness.

 

[motorbiking]

Not in the slightest.

If it did get through though, don't you think that the HRA and or ECHR wouldn't hole it below the waterline anyway?

No

 

[motorbiking]

Is that so they can claw back the couple of quid some people got as a carer when they were actually too filthy rich by 2s 6d.

TBH I thought they could do all that already. Haven't read it , but it;'s about seizing incorrectly aquired assets, right?

In the same way the post office had the power to prosecute and confiscate funds based on suspected fraud. Yes.

Nothing bad could ever happen, giving authorities the power to deem fraud based on suspicion not conviction and no public sector authority could ever possibly make a mistake..

oh wait.

 

[ellal]

If it did get through though, don't you think that the HRA and or ECHR wouldn't hole it below the waterline anyway?

Actually MB is partially correct...

In the case of the 'Cyprus Haircut' in their banking system the ECJ which pronounces on EU law says:

"The haircut of private deposits did not violate the right to property, as it did not disproportionately and unacceptably interfere with the substance of depositors’ property rights"

The UK was of course in the EU at the time, but this part of law is still in place...

ASFAIK the EHCR has not ruled on this issue...

There has been a depositor victory (currently under appeal), but that was based on the fact that "the Republic of Cyprus, had been negligent in their handling of the financial crisis in 2009 and the lead up to the haircut"

​

 

[Brigadier]

No

Outside the jurisdiction of the HRA / ECHR?

 

[motorbiking]

Outside the jurisdiction of the HRA / ECHR?

what do you mean by Jurisdiction?

HRA basically tries to say all other law should where possible be compatible with the convention. It's not absolute, but certainly problematic to pass law that doesn't comply. In this case the HRA doesn't say much of anything about the state's right to take your money based on suspicion and ask questions later. As long as you have some sort of legal mechanism to rectify unjust seizures then the HRA doesn't much care. The problem is, you are a tiny individual (legally speaking) with limited resources and having large chunks of your money taken, possibly in error (ID theft, rogue ex-spouse, simple data error etc). The power is asymmetrical as we saw in the post office scandal.

 

[motorbiking]

Actually MB is partially correct...

In the case of the 'Cyprus Haircut' in their banking system the ECJ which pronounces on EU law says:

"The haircut of private deposits did not violate the right to property, as it did not disproportionately and unacceptably interfere with the substance of depositors’ property rights"

The UK was of course in the EU at the time, but this part of law is still in place...

ASFAIK the EHCR has not ruled on this issue...

There has been a depositor victory (currently under appeal), but that was based on the fact that "the Republic of Cyprus, had been negligent in their handling of the financial crisis in 2009 and the lead up to the haircut"

​

Thanks for the partial vote of confidence, but this example has more to do with Investor compensation schemes, irrelevant EU law (from a UK perspective) and the lawfulness of the "haircut". I believe those affected are being compensated partially, despite the EU/ECJ upholding the legality due to "public interest". Obviously EU/ECJ rulings have no impact on HRA/ECHR

In the UK we have the Financial Services Compensation Scheme. But again this law is about the state dipping in to your bank account to "recover" money it "thinks" you owe, with minimal evidence.

 

[motorbiking]

Maybe the Bra Baroness.

Nope.

 

[motorbiking]

Yes, I thought that. They already have powers to take child maintenance direct from bank or employers

What a fun bunch they are to deal with. Call wait is usually over an hour and most of the time they simply say 'ahh yeah thats a mistake, ignore the letter'.

If you are the payer, the biggest mistake to make is to agree to use their digital service.