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

Olipro

Whilst yes, you are joint and severally liable, there is also nothing stopping you from taking him to court for what he has done - get statements from the bank, show the court what he was blowing the money on and let them reach a decision for you (assuming your ex-husband doesn't agree to settle it himself)

reddevilkay

Thanks, I'll have a look!

izools

From the sounds of things, your ex has also committed fraud - writing a cheque and guaranteeing it without knowing there are sufficient funds in the account is cheque fraud.

You didn't commit fraud. There should be something to build on there, as whilst you are joint and severally liable for debt on a joint account, you aren't liable for fraud committed by a 3rd party.

Just a thought

GiraffeMan

reddevilkay wrote: »

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.

Hi even if its a joint account, the bank only has to send statements to one address. I feel for you in this situation as I cannot see a clear way for you to become disassociated with the debt.
It doesn't sound like fraud, your partner has just knowingly used the account, so dont get drawn into that side of it, it sounds like your expartner has used his Debit Card which may have Guaranteed Cheques up to a certain amount which has caused the debt to increase.

pqrdef

Have to say it's hard to avoid the suspicion that this isn't just incompetence, the bank was deliberately stringing you along because it was to their advantage to keep your name on the account.

GiraffeMan

pqrdef wrote: »

Have to say it's hard to avoid the suspicion that this isn't just incompetence, the bank was deliberately stringing you along because it was to their advantage to keep your name on the account.

Depends on the time the request was made to change the account from joint to sole, if it was in debit, then some banks would say no straightaway, some would say you need to complete an overdraft application to keep the agreed facility (no guarantee facility would be approved).
Im failing to see how its to the bank's advantage to string someone along who has a debit balance. It cost money, time and the chances of the bank getting the full balance back in such circumstances is normally very low. Id personally try and cut a deal with the bank on the amount outstanding.

jjj1980

Write back to FOS and also send to the ICO (Information Commisioners Office) and also do a Data Subject Access request for your file from the bank, asking for copies of all correspondence sent by them and by you. Make sure you send the letters signed for. Also, send with your complaint a copy of the letter they sent to your correct address.

If they have sent even one letter/advertising mailshot etc to your new address, this proves they had those details. Banks always leave an audit trail within their systems whenever any action is taken on an account, whether its an automatic or manual note. If in any of your letters you told them you and husband had separated, it is their responsibility to freeze the joint account and advise you to open a sole account.

I really don't understand some of the decisions made by FOS recently, I have worked for banks and finance providers for years and we would have been in serious trouble if we had used an excuse like Barclays are doing when there was proof we had already had the notifications needed!!

GiraffeMan

jjj1980 wrote: »

Write back to FOS and also send to the ICO (Information Commisioners Office) and also do a Data Subject Access request for your file from the bank, asking for copies of all correspondence sent by them and by you. Make sure you send the letters signed for. Also, send with your complaint a copy of the letter they sent to your correct address.

If they have sent even one letter/advertising mailshot etc to your new address, this proves they had those details. Banks always leave an audit trail within their systems whenever any action is taken on an account, whether its an automatic or manual note. If in any of your letters you told them you and husband had separated, it is their responsibility to freeze the joint account and advise you to open a sole account.

I really don't understand some of the decisions made by FOS recently, I have worked for banks and finance providers for years and we would have been in serious trouble if we had used an excuse like Barclays are doing when there was proof we had already had the notifications needed!!

JJJ it is not the banks responsibility to freeze an account, the bank or building society cannot take sides and needs to stay impartial. It would be good practise agreed for the suggestion to be made to freeze the account at the time the request was made, but that would only normally be offered i understand if the account holder/holders advise of a dispute etc.
The bank havent used an excuse as such, they've just present their side of the situation.

reddevilkay

Thanks everyone for your suggestions - I'm going to a law centre today to see if I can get any legal advice as well.

Xsive

I am in the same position but i DID freeze the account!!! However they are still holding me responsible for the £5.8k for the cheques written and the charges that followed.

Can they do this despite me freezing it? I'm now being chased as they've sold my debt to an agency!

Gemma.