Is this fraud?

woolly1

I'll try and keep this brief ... a friend of mine who is in the early stages of divorcing her husband has just discovered that their joint account has been closed. She has not signed anything but the bank say they have documentation with 2 signatures ... clearly her ex must have forged her signature.

She was enquiring about closing the account anyway, but she had been making enquiries about some suspicious cheques (one for 10K) that he said he couldn't remember who he wrote them to when brought up at mediation! Unfortunately she didn't get the letter about this as he'd somehow managed to arrange for all his and mr & mrs mail to be held for his collection at the post office. It really looks like he's desperate to hide something to forge her signature to stop her getting access to the account. She's only discovering these things now as when they were married he kept all the statements and wouldn't let her have the password to check the account on-line. I don't know how she's going to get to the bottom of it all, but can he be prosecuted for fraud?

Chadsman

It certainly sounds very dodgy.
I know it is easier to say than do but I would try to keep things as amicable as possible, not just for the sake of everyone's blood pressure but things will get done far quicker and with less expense. Only go to court as a last resort if she really has lost money and the husband refuses to reimburse her.
Best of luck!

Bagpuss1973

Hi woolly

Not too sure to be honest, but would have thought if it is a joint account then the bank must be able to give her copies of what "she" has signed, I would then pass all detais to her solicitor.

Might also be an idea to get the banks to freeze all joint accounts although she will have more luck with some than others.

Goodluck

Bagpussxx

jonesMUFCforever

I agree that if she was a party to a joint account then she has a right to copy statements (max charge £10 under the DPA) even if the account is now closed.
She has a further right to ask the bank for copy cheques drawn out of the account if required. They may make a charge for this as it will cost the bank to send someone to locate these cheques from their Clearings dept.

I would also get them to send her a copy of the account closure authority.

astonsmummy

My dad frudulenty remortgaged his and my mums house for £160k by forging her signature, she was able to get hold of all records as they were in both names.
My dad is now on holiday at her majestys pleaseure because of it all.
I know it's a bit different but i'd go spek to the CAB with all records or try and get a free appointment with a solicitor, to see where she stands.

debbie42

You can request bank statements for a closed account: the reclaim bank charges threads suggest so anyway. I'd do that, myself.

As to whether it is fraud, well, I would have thought that forging someone's signature in the manner described must be some sort of criminal offence. Is there a legal board you could ask on?

woolly1

Thanks for all your thoughts guys. The latest update on this is she told her solicitor who is dealing with the divorce and he told her to contact the police. The police said she needed to report it to the bank's fraud investigation team who would gather the evidence and pass it to them. The fraud investigation team said they would not get involved as it's 'domestic'!!!! She's just banging her head against a brick wall and no-one seems to be helping her, so wrong when she has done nothing wrong. To top it all she found out today her staff discount card has been cancelled - seems like her ex is really trying to do a number on her.

jonesMUFCforever

Plastic card fraud has been decriminalised.You now report it to the banks.

Most types of joint accounts have a mandate of either to sign, so any one party could go to the bank and clear the acount out. This is not fraud. IMO to prove a fraud has occurred she has to show a 'loss'.
This is where her solicitor comes in to argue that X% of the balance as at such and such a date is/was hers.
This is why it is important that she obtains copies of the statements.

Mrs_pbradley936

I was going to say that either and not both can sign on our joint accounts. I suppose if you did not trust someone you should not have a joint account with them, but obviously if a divorce is ongoing that is different. Shame she did not get there first then she could have cleared it and let him do the arguments to get it back.

weenie

Hi all, and just been reading the posts. I started divorce proceedings against my hubby last week. He wouldnt sit down and talk through the joint mortgage or finances, so i got a soliciter. He wasnt happy and two days ago went and transfered £21,000 out of our joint account into another!!! I had to give up work because of him, and now im skint and ive had nothing from him. He thinks its highly amusing telling all his mates about it, i however am not. Anyway i have a few aces up my sleeve, thanks to a brilliant divorce site, and with a bit of luck, can claim my rightful share.

jonesMUFCforever

weenie wrote: »

Hi all, and just been reading the posts. I started divorce proceedings against my hubby last week. He wouldnt sit down and talk through the joint mortgage or finances, so i got a soliciter. He wasnt happy and two days ago went and transfered £21,000 out of our joint account into another!!! I had to give up work because of him, and now im skint and ive had nothing from him. He thinks its highly amusing telling all his mates about it, i however am not. Anyway i have a few aces up my sleeve, thanks to a brilliant divorce site, and with a bit of luck, can claim my rightful share.

That site could not have been that good!
I would imagine the first bit of advice would be to clean out the account yourself first THEN file for divorce.