Can you help? My ex has screwed me over with a joint account

reddevilkay

Hi

I posted this in the marriage part of the forum, but someone suggested I try here too...I've had some really good advice already (going to the press, watchdog etc) but would be grateful for any other ideas.

Thanks in advance

I've not posted on here before, but have lurked from time to time and you all seem to have such great advice that I hope someone can help me.

My ex husband and I separated in November 2008, and in April 2009, I realised that we still had a joint account open at Barclays. I requested that my name be removed from the account and I sent off 2 letters - one signed by me and one signed by him to Barclays to remove me from the account. They replied to me at my current address to say that I had to fill in an update details form and take it to a branch with ID, and that they requested him to do the same.

I took my ID to a branch, was told by my ex that he had done the same so I again sent off letters signed by myself and him to request that I be removed from the account.

For about 6 months, I wrote about 7 lettters to Barclays with my new address and phone number on it, with very little contact from them. I spoke to people on the phone a few times and I kept being told that they didn't get any authorisation from my ex.

Eventually I went into the branch with my letter and ID and asked them to forward that to head office with a stamp or something to verify that they had seen my ID. I asked my ex to do the same.

In November 2009, I went into a branch to find out what was going on as I was getting such little correspondence from Barclays. I was told that the account was closed, and I didn't think any more about it.

I then found out in August 2010 from a debt collection agency, that my ex had been using his cheque guarantee card the whole time I was trying to remove myself from the account, and that the debt on the account had got to almost £6.5k!

When I complained to Barclays about this, they said that I never told them my new address or asked them to send statements to me which is why I was never told.

I have also complained to the financial ombudsman, and even though my ex has signed a letter saying that he takes full responsibility for this debt and has offered to pay it in full with an IVA, apparently, I am still jointly liable for this. I have kept every letter I wrote to Barclays. In hindsight, I should obviously have frozen the account, but I had no idea that it would be such a nightmare to get my name removed from the account, or that this could have possibly happened behind my back!

If anyone has any advice, I'd really appreciate it. I'm planning to go to the CAB as soon as I receive the final letter from the ombudsman.

WelshPaul

I doubt there is much you can do, you said yourself at the time you were trying to remove your name from the account he was already running up the debt so they would not have been able to close the account anyway.

reddevilkay

I know, but my point is that if they had told me that it was in a debt, I would have frozen the account and it just wouldn't have got that out of control. They said they didn't have my address even though they wrote to me and I told them about 10 times in this period when the debt was occuring

I know I'm possibly just fighting a lost cause here, but am willing to try anything!

WelshPaul

You should have frozen the account regardless, don't want to get you down but your only option maybe at a later date should you end up paying off this debt is to take your ex to small claims if you have proof that he accepts the debt as his although there would be no guarantee that you would get anything by going down that route either.

Your credit rating is probably shot to, fingers crossed someone with more knowledge will be along soon.

Sorry i can't offer any more help but good luck.

reddevilkay

Thanks anyway in hindsight I would obviously have frozen the account straight away, but I didn't think it would take longer than a couple of weeks to sort out, or that Barclays would allow this to happen either

Lokolo

Have you written a formal complaint?

http://www.barclays.co.uk/ContactUs/Howtocomplain/P1242558122337

A letter would be best.

reddevilkay

Yeah I have and they just say I'm liable

Lokolo

Opps sorry, didn't read last couple of paragraphs.

Unfortunately you didn't take any written notice that the account was closed. And the FOS decision is the deciding factor

olly300

reddevilkay wrote: »

Yeah I have and they just say I'm liable

Then your next step is to complain to the FOS stating that you sent 7 letters to Barclays with your new address details which they failed to acknowledge.

If you have copies of any of the letters plus the one stamped it would help as you can give the exact dates in your complaint.

I know from arguing with different things with some other banks (not Barclays) and large companies they have a habit of pretending they didn't receive letters if it makes life a bit harder for them. I've managed to catch companies out a few times but now I just use recorded delivery for all letters.

BTW during this time did your ex move also? If, so you need to mention this as it would look very odd for the bank to bother to up date one persons details but not the other.

reddevilkay

Yeah he did move....and somehow his address automatically became the one address that received statements - he obviously didn't need them cos he knew the account was in a debt as he was the one causing the debt!

my issue is that i have complained to the FOS and they have said that I am still liable. I realise that I could just accept their decision but am trying everything I can to not have to pay it if at all possible.

The stupid thing is, I have proof that Barclays had my new address as I have still got letters from them sent to my new address - just nothing mentioning that my account was in a massive debt.

xyz123

Firstly check in your account Terms & conditions as to what the requirements are for changing account address in particular do they need both parties to sign anything or can any one person chage the address.

Also ask barclays as to how was your statement address changed? if it was done based on sole request by your Ex. just something worth trying