Current account locked

jamieslucky7

Me and my ex-gf had a joint account. There is a £500 overdraft which we had hit.

I paid in £250 and we agreed she would then have control over the account.

I left it quite a long time before trying to remove my name from the account. The account is now -£700 (£200 over the overdraft) and they won't let me remove my name from the account until it is back in the black.

I got a letter warning that it would default. Then yesterday there was a £30 default charge, and my personal current account has disappeared from my online banking (locked I assume). I haven't spoken to the ex yet.

Where do I stand? Are they going to keep my account locked until the bank account is back to -£500 or £0?

RedTulip

I too had a joint account with my ex that had a stupidly large overdraft (which I didn't know about) and I made sure we both went to the bank to remove my name when I left him. In my case the bank agreed to remove my name therefore removing my responsibility for the account.

As your name is still on the account you are liable for all of the overdraft, unfortunately I don't think there's much you can do and the bank may (is already?) come(ing) after you for the full amount.

Overdrafts are exempt from some parts of the CCA and are also repayable in full on demand.

Is the account with your bank, or the ex's ?

jamieslucky7

I think she has her current account with HSBC, whereas I have my current account with NatWest (which is who the joint account is with)

RedTulip

So the joint account is separate to your current account?

I'm not hopeful of you having your name taken off the joint account though, do you have any agreement in writing with your ex with regards her taking responsibility?

If you are still in contact with your ex I would try and speak to her and try to get it sorted out.

Good luck

PNPSUKNET

I would advice changing providers for your own acc asap, they may use the ofset rule if not.

RedTulip

PNPSUKNET wrote: »

I would advice changing providers for your own acc asap, they may use the ofset rule if not.

PNPSUKNET makes a good point, i forgot to mention that

jamieslucky7

Why get a new account? So I can have my salary paid in to there instead?

I still can't access the money in my current account.

jamieslucky7

PNPSUKNET wrote: »

I would advice changing providers for your own acc asap, they may use the ofset rule if not.

But I can't close my current account and get my money out...so they can use the offset rule either way right?

PNPSUKNET

JazzyJeff wrote: »

seriously?
this is the advice?

ok so here it is

get a new account asap

you are liable for her debt
whether you like it or not, you are seriously liable - as in law...
ok so once you get out of her

is there another issue?

Not sure why but this poster sent me the following pm, " hey
just for you

i have seen what i think is bad behaviour

and it will not be tolerated by me

Mark "


Anyone got any clues...... Also op yes maybe they have your salary at the moment, but you need to stop any further funds going in.

Mowgli87

JazzyJeff wrote: »

seriously?
this is the advice?

ok so here it is

get a new account asap

you are liable for her debt
whether you like it or not, you are seriously liable - as in law...
ok so once you get out of her

is there another issue?

-- You are liable for her debt because your name is on the account. They dont know which of you went up to Cash machine and withdrew the money.

-- Speak to the bank about what has happened to your current account. Open a new account with another bank and get your salary paid into in future, that way they can not automatically take it to pay off the linked joint account. You may have to see this month as write off if they have already done this

-- contact your ex ASAP and find out what on earth happened

-- Act NOW to avoid defaulting or being chased for the debt

timbstoke

When you opened the joint account you will have agreed as part of it to be ‘jointly and severally liable’ for the overdraft. That basically means that the bank don’t need to worry about which of you ran up the debt, because it can chase either or both of you for the full amount. Chances are, your delay in acting hasn’t really changed anything, since the bank wouldn’t have allowed you to remove your name while there was still £250 outstanding anyway, although you could have had the joint account locked.

Right now, all you can do is reach an agreement with the bank – make sure they lock the account so no further withdrawals can be taken from it, and offer something towards it.

You may be able to take your ex to court for whatever you have to pay back, so keep records if you think you might want to do this. For now though, you are liable, and the bank will hold your current account hostage until it’s paid off from the sounds of it, so you don’t have a lot of choice.