Been Refused Power of Attorney at Bank due to Bankruptcy..Need Advice!!

nomunny

Hi,

Can anyone help with a problem? I have been granted Lasting Power of Attorney for my mother-in-law. I subsequently went to her bank (Halifax) and completed all the necessary forms. They then told me (2 weeks later!) that due to the fact I was made bankrupt (04/2008), they cannot allow the transaction to go through. So basically they have refused me the Lasting Power of Attorney. :mad: Are they allowed to do this? Has anyone had a similar experience with their bank at all? I understood, no matter what the circumstances are, P.O.A, once granted is final and cannot be refused anywhere, no matter what the circumstances are.

I would appreciate any advice out there...

Thanks

hunt85

I used to work for Barclays and now work for nationwide and I can tell you that is utter rubbish for those banks! I am guessing they credit scored you when they set up your details like they would a "normal" customer who wanted to open accounts etc. They only need to set up your details to register the POA - they obviously do not need to credit score you. So i think you need to speak to the right person in halifax regarding this to get a proper answer - 9/10 people in a bank would know NOTHING about POAs, i was the one person in a branch of 40 people that knew alot about them and how to register them etc at Barclays.

I could however be completely wrong and Halifax might have weird rules!

immoral_angeluk

I can't find anything in the OR technical manual to say a BR person cannot hold power of attourney but I'm sure fermi et al will be along shortly to double check!

dojoman

An undischarged BR cannot be a LPOA, that is on the Office Of The Public Guardian website. I know I was not allowed by Natwest to be my mothers when I became BR. As for a discharged BR then it is up to the individual bank if they will allow it.

WhiteHorse

nomunny wrote: »

So basically they have refused me the Lasting Power of Attorney. Are they allowed to do this?

Yes. It is automatically anulled by bankruptcy. If however you are a discharged bankrupt, then that may be another matter.

fermi

immoral_angeluk wrote: »

I can't find anything in the OR technical manual to say a BR person cannot hold power of attourney but I'm sure fermi et al will be along shortly to double check!

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter25/part2/part_2.htm

nomunny

Thanks for your prompt replies....

I am a discharged bankrupt (about 1 year ago), along with my wife. The trouble is that Halifax was one of the unfortunate people in the 'line of fire' when I originally went bankrupt. So I guess they have got some sort of 'axe to grind' with us. They are either correct, or just making it very hard for us. So, what is my position now? Plan B...If I get mother-in-law to just write a letter to close the account, sign it, request a cheque in full and hand it over the counter, then surely they cannot refuse her?

WhiteHorse

nomunny wrote: »

I am a discharged bankrupt (about 1 year ago), along with my wife. The trouble is that Halifax was one of the unfortunate people in the 'line of fire' when I originally went bankrupt.

Ouch! Awkward.

Plan B...If I get mother-in-law to just write a letter to close the account, sign it, request a cheque in full and hand it over the counter, then surely they cannot refuse her?

If she is competent, she can do as she pleases, although the question of to whom the cheque is made might raise some questions. They might have doubts about the validity of the letter too, so in the circumstances it might be better to go through a solicitor. They should have no qualms about sending a cheque there.

nomunny

If she is competent, she can do as she pleases, although the question of to whom the cheque is made might raise some questions. They might have doubts about the validity of the letter too, so in the circumstances it might be better to go through a solicitor. They should have no qualms about sending a cheque there.

Yes, I was considering going down that route!

hunt85

dojoman wrote: »

An undischarged BR cannot be a LPOA, that is on the Office Of The Public Guardian website. I know I was not allowed by Natwest to be my mothers when I became BR. As for a discharged BR then it is up to the individual bank if they will allow it.

i did not know that! i thought it was the same rules as discharged bankrupts. You learn something new everyday! i've never met a customer in this situation though so luckily i've never given wrong advice, i'll know from now on tho

immoral_angeluk

fermi wrote: »

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter25/part2/part_2.htm

ta.. knew you'd come good

D'oh, you know I totally missed that bit even though I was on the right page. I've been looking at waaaay too much bankruptcy stuff today. I need me bed