Help Creating a Complaint Letter To Halifax.

kirsty_lou10

I apologise this is a long explination. I'm not very happy with how I've been treated today. I understand the problem and why I got the reaction I got from them, but the way they delivered the information was cruel and unessesary.
Back in 1995 my mother and father opened a Liquid Gold account in Halifax for me as I had received a cheque from my grandparent. As at the time I was only 4 years old, the account was put in my father’s name in Re of my name. The other week, we found the passbook and saw that I had over £200 in this account. We then decided to go down to our local Halifax branch and try and get out the money.

The first lady we talked to on the desk informed us that the account was still open, and when we asked if we could change it into an account where I could actively use it to get money out, she seemed very happy to do so even going as far to offering to book an appointment for us to talk about transferring it. Brilliant however, she then ask some advice of the manager, whom them informed us that we were not able to touch the money, as my father would have to get the money out for me as it was in his name because at aged 4 I wasn’t allowed an account myself, it had to be in his name but the account was for me.

I have not seen or talked to my father since I was 7 years old, there are a deep number of personal reasons why and I would rather not post them on the internet, I hope you understand, but I would not be able to contact my father to get this money out, one, I’m sure he would go off with the money and two it means making contact with a man I haven’t talked to in nearly 12 years and have no desire to talk to in 12 years. The manager stood there in public pretty much shouting at me that I should talk to my father to get this money, and unless I don’t Halifax would get to keep the money. I understood what she was saying, but the way she was explaining it was angry and to be honest, it was making me very upset.

I would like to make a complaint to Halifax, one to ask for the money back explaining the circumstances surrounding my father’s absence from my life and why we are not able to get in contact with him and two to complain about the way we were treating by the manager. She could have said it in nicer terms and there was no need to shout at us in public like that. I was getting upset, that this woman who knew none of the circumstances surrounding my father’s absence was adamant that the only way I would get the money was to talk to this man.

As you can see, I’m not very good at writing things in very good terms, would any of you be able to help me come up with important paragraphs to help me maybe get my money without contacting my father and to put in a complaint about this woman. I really could do with this extra £200 or so and technically it is my money as the cheque was for me.

Thank you. Kirsty

opinions4u

If the account is held "in re" there will be absolutely nothing that will allow you to get your hands on the money other than:

- Dad's signature
- Dad's death certificate (in which case the funds will form part of the estate and not automatically pass to you)

I don't defend the way you've been spoken to, but there won't be any words you can write that will get your hands on the funds without the above.

kirsty_lou10

We have no way at all, even if we wanted to of contacting him, do you think they might be able to at all? Eh it can't hurt trying, I'll write them a letter anyway to complain about the woman and say about my problem. Bloody ridiculous in my opinion, it was my money but they wern't allowed to give me an account because of my age back then. Well that looks like Halifax are getting £200 of my money after that woman treated me like that. Brilliant. Thanks for the advice. Kirsty

Robert_Hopkins

My advice is to write a official complaint to the Halifax, if they are still insisting on you contacting your dad take the case to the financial ombudsman. Providing your name is on the account and because your circumstances are exceptional such as the threat of violence and you were a child at the time they should budge on this.

RayWolfe

Robert_Hopkins wrote: »

and because your circumstances are exceptional such as the threat of violence and you were a child at the time they should budge on this.

Oh dear. What sort of world have we come to? Please, if people want to give advice, think before your keyboard runs away with you.

opinions4u

Robert_Hopkins wrote: »

My advice is to write a official complaint to the Halifax, if they are still insisting on you contacting your dad take the case to the financial ombudsman. Providing your name is on the account and because your circumstances are exceptional such as the threat of violence and you were a child at the time they should budge on this.

The Halifax cannot change the legal ownership of the account without the account holder's agreement.

Neither can the FOS.

It is almost certain that the account has been opened in the following format:

Mr A Dad in re
Miss B Child

If that is the case it means that Dad has legal ownership of the account and the funds in it.

kirsty_lou10

Thanks for your replies. I will be creating a letter to send to Halifax as it can't do any harm, all they can say is yes or no. I do think it is a little ridiculous though, under circumstances such as these, especially. That money was addressed to me, so shouldn't I be the one to recieve it? Looks like I'll have to wait until he croaks to get the money, lets hope then they might do the right thing and give me my money.

Thanks for all your replies. I really appreciate it.

Mikeyorks

I think (as my son, for whom we held funds within Halifax) - the position changes when the beneficiary reaches 18? In his case the Halifax simply redesignated the account (on his signature) into his name.

This is a simple trust - and the beneficiary (i.e kirsty-lou) can demand the money once she is past the age at which she can take responsibility for it i.e 18 in England / Wales. The strict legal definition is that she has to demand that of the Trustee .... but I think Halifax (on production of ID) would very sensibly do what they did (albeit hindsight and Uni proves it wasn't a wise move!) in my son's case and simply re-designate.

This from the Trust area of HMRC. The final para is most relevant :--

Bare trust (sometimes known as a 'simple trust') is one where the beneficiary - the person who benefits from the trust - has an immediate and absolute right to both the trust capital and the income received by the trust from that capital.
Someone who sets up a bare trust can be certain that the assets they set aside will go directly to the beneficiaries they intend, because, once the trust has been set up, the beneficiaries cannot be changed.
The trust assets are held in the name of a trustee (the person administering the trust), but the trustee has no discretion over what income or capital to pass on to the beneficiary or beneficiaries.
Bare trusts are commonly used to transfer assets to minors. Trustees hold the assets on trust until the beneficiary is 18 in England and Wales, or 16 in Scotland. At this point, beneficiaries can demand that the trustees transfer the trust fund to them.

opinions4u

Mikeyorks wrote: »

I think (as my son, for whom we held funds within Halifax) - the position changes when the beneficiary reaches 18? In his case the Halifax simply redesignated the account (on his signature) into his name.

This is a simple trust - and the beneficiary (i.e kirsty-lou) can demand the money once she is past the age at which she can take responsibility for it i.e 18 in England / Wales. The strict legal definition is that she has to demand that of the Trustee .... but I think Halifax (on production of ID) would very sensibly do what they did (albeit hindsight and Uni proves it wasn't a wise move!) in my son's case and simply re-designate.

This from the Trust area of HMRC. The final para is most relevant :--

This won't apply if the account is held:

Mr A Dad in re
Miss B Child

as no trust will have been created.


If the account was held as :

Mr A Dad Tee
Miss B Child

my understanding is that this forms a discretionary trust, rather than a bare trust (although I won't claim that my understanding on this is one of expertise).

Mikeyorks

opinions4u wrote: »

This won't apply if the account is held:

Mr A Dad in re
Miss B Child

as no trust will have been created.

Which is precisely how my son's account was held ............ until the local Halifax Branch insisted it was re-designated into his name as he came 'of age'. And the sole documentation to effect the change was his signature. My wife - who was the 'trustee' - signed nothing.

If (and I know little of formal trusts other than having to unravel one recently on the death of my parents ..... rather than pay the Solicitor a fortune to do the same thing) 'in re' does not create a Trusteeship (of simple kind) ..... then parents should not be able to file an R85 against such accounts on the premise the funds belong to the child?

opinions4u

Mikeyorks wrote: »

Which is precisely how my son's account was held ............ until the local Halifax Branch insisted it was re-designated into his name as he came 'of age'. And the sole documentation to effect the change was his signature. My wife - who was the 'trustee' - signed nothing.

Let's just say the branch didn't follow procedure correctly. Hopefully no harm done!

If (and I know little of formal trusts other than having to unravel one recently on the death of my parents ..... rather than pay the Solicitor a fortune to do the same thing) 'in re' does not create a Trusteeship (of simple kind) ..... then parents should not be able to file an R85 against such accounts on the premise the funds belong to the child?

I suspect this could be why Halifax has for a fair old time no longer opened accounts "in re".