Taking name off Account

welshkitty_2

This sounds a strange one.

My partner and his ex had a joint account with halifax. Two years ago he filled in forms to have his name taken off the joint account as he had not been using account for at least a year. At this time his pay, direct debits and all banking were done through his own solo account.

The bank told him that his name would be taken off when his ex's account was in credit. Since then their property was sold and money split equally.

On a recent visit to Halifax, my partner was notified that his joint account was severely overdrawn and needed reviewed. Now he's found out his name remains on the joint account. His Ex says she wanted it to remain there to ensure an endowment cheque could be paid in.

Big concerns now as a check of the statements show that each despite a £1800 pay she closes closer to the £1800 overdraft limit.

If she goes exceeds limit - can bank access money from my partners account for this ????

Please can someone advise.

Also how does he get his name off this account ????:o

amandathepanda

If his name is still on the joint account,they are both jointly liable for any debt on the account. To remove his name the bank will need a signature from
your partner and his ex,asking for the account to be transferred to the sole name of his ex.

welshkitty_2

It seems unfair that following their split, the forms were completed. She solely uses the account - and this is demonstrated on the account. If she refuses to sign - then he is liable for half of HER debts.

Halifax don't seem to be too concerned, but of course they can recover costs from his account, despite my partner and EX leaving the relationship with equal amounts.

He was told his name would be removed.

So does this mean she can spend, spend and spend, with no worries as the debt will be recovered from my partner.

regularsaver1

Halifax can not get involved in disputes as such - a stop can be put on though

however - like you say they agreed to do so once account was in credit - has it been in credit since?

Bossyboots

They were wrong to say he could be taken off when it is in credit unless they had the signatures of both account holders.

A stop can be put on the account even when it is in debit and they should have offered that. This is vitally important now to stop her running up any more debt on the account.

It is true that both are equally responsible for the overdraft so he should get the stop put on immediately.

Debt_Free_Chick

welshkitty wrote:

It seems unfair that following their split, the forms were completed.

What happened to them?

She solely uses the account - and this is demonstrated on the account. If she refuses to sign - then he is liable for half of HER debts.

No - he is liable for ALL the debts. As it's still a joint account, there is no such thing as "her debt" "his debt". It's just debt and they are each liable for ALL of it. The bank don't care which party pays it off or how it's split between the two account holders. Sorry

So does this mean she can spend, spend and spend, with no worries as the debt will be recovered from my partner.

Yes.

I suggest that HE gets the form, gets HER to sign first. He then takes them away, signs himself and then takes it into the Branch. Or send it Recorded Delivery. Keep a copy and pin the recorded delivery slip (the bit you get to keep) to it.

I think you can track Recorded Deliveries online now, so you will know when Halifax have received the form.

regularsaver1

But they will still not change the names whilst the account is overdrawn

Debt_Free_Chick

regularsaver1 wrote:

But they will still not change the names whilst the account is overdrawn

:doh: Of course they won't! I'd completely overlooked that - it would mean one less person to go after for the debt! Thanks for clearing up that point.

Halifax might agree to giving her an overdraft on a separate account in her name and then transferring this debt over. But she would need to request this herself and make all the necessary arrangements with the Halifax.

I'd like to think that Halifax would help with this arrangement, if the OP's partner suggested it .... but "it don't work like that" and I guess they would simply tell him to go and sort it out with her :mad:

regularsaver1

Yes it would have to be her doing. They have to agree to the account being in her sole name. Her applying with his signature ect

jonesMUFCforever

Timing is the key here!
You will know when her salary goes in (and therefore the account balance at its least overdrawn or slightly in credit) then go into Halifax and demand that the account is frozen as there is a dispute there and then.

She will have to agree then to your demands before she can access her money. If the Halifax won't give her an overdraft or loan to cover the account she won't have any funds for the month.

It might be worth your while to pay off any small residue balance just to get rid of this.

welshkitty_2

Halifax advised the account to be frozen, and following communicating with his ex, she promises to sign the forms to have his name removed at the beginning of December - when hopefully the account will be in credit.

They both left the relationship, 3 years ago, with half the proceedings from the sale of their property - amounting to £34,000 each, so the account has been in credit since the split.

Halifax have confirmed that the forms are on file, having only been signed by my partner, and have been since they were completed in 2004.

My partner has three other accounts with Halifax, his own Current account, a savings account ( with his house sale money in ), and a web saver account with myself.

He has checked with Halifax, and the last time he used the offending joint account was in June 2003.

Hopefully this will be sorted by the Ex as promised.