Separation and Joint Bank Account

Twiggy_34

I had a joint account with my ex husband but it wasn't used as a day to day account, just as somewhere where we could both save money for joint activities (e.g. holidays). The account was held with HSBC.

I requested closure of the account but this was refused because of the joint status and I was advised that they needed both parties to approve closure, even though there was no money in the account. I had to write a letter to the bank requesting this, signed by both of us, and it was then closed.

This was a couple of years ago though so I guess things might have changed since.

cloud_dog

eskbanker wrote: »

I didn't say anything about closure, but clause 22.1 seems to me to say that they'll take instructions from either party rather than requiring both ("you authorise us to...accept instructions signed or given to us by any one of you to act on behalf of you all in all other transactions with us...").

However, if they also state somewhere that "anything which affects one party (ignoring overdraft etc etc etc) must be agreed, signed for by both parties" then yes, that would contradict 22.1 - which clause are you quoting or paraphrasing from?

Clause 22.1 is about the services applied to the account, i.e. overdrafts, opening new accounts, etc; i.e. ongoing services provided by the bank. It is not relevant to the operation of the account, and specifically it stipulates in the one example that both parties must agree/sign.

This is why I don't feel it is applicable. I'm no expert though.

cloud_dog

Thrugelmir wrote: »

What does clause 22.7 say?

My understanding of 22.7 is that it relates to operation of the account via 'Private Internet Banking' so, I am minded to think it is not applicable in this specific case.

eskbanker

cloud_dog wrote: »

Clause 22.1 is about the services applied to the account, i.e. overdrafts, opening new accounts, etc; i.e. ongoing services provided by the bank. It is not relevant to the operation of the account, and specifically it stipulates in the one example that both parties must agree/sign.

This is why I don't feel it is applicable. I'm no expert though.

I think we must be looking at different things! The clause 22.1 in the PDF linked earlier doesn't seem to make any distinction between operation and services that I can see (I deliberately excluded all the stuff about cheque payments, etc), and the only example where they won't take single-party instruction is joint-to-sole conversion, which 22.8 says they won't do at all anyway!

Having said that, I'm no expert either, but I just can't see the published documentation supporting what you're saying! However, going back to your earlier post, I'd be inclined to agree that putting the account into dispute sounds sensible as a way forward, so exactly how the current situation arose is probably less relevant.... Or is there a good reason why she wants/needs to retain ongoing access to an account primarily (exclusively?) used by her ex?

cloud_dog

eskbanker wrote: »

Or is there a good reason why she wants/needs to retain ongoing access to an account primarily (exclusively?) used by her ex?

Yes, you are reading it incorrectly ..... Its about keeping an eye on certain assets whilst they commence divorce proceedings.

Irrespective of the clauses I find it difficult to believe that HSBC have the legal authority to adversely impact one party without notifying the said party or without joint agreement.

Its 'difficult' for the friend to fight. At the moment she is probably feeling 'broken' and cannot face another battle no matter how straightforward that battle is, i.e. contacting the bank / writing a letter etc. Unfortunately there is far more to this breakdown in relationship and separation / divorce hence me trying to help where I can.

meer53

If someone contacts a bank and advises them that there is a marital or partnership split, the account will be frozen until the other party can be contacted. This is to protect both parties on an account.

Sounds to me like the ex has let HSBC know that they are no longer together.

cloud_dog

meer53 wrote: »

If someone contacts a bank and advises them that there is a marital or partnership split, the account will be frozen until the other party can be contacted. This is to protect both parties on an account.

Sounds to me like the ex has let HSBC know that they are no longer together.

Hi

Thanks for the comment but the account has not been frozen (payments have very recently been received from the account). As stated one party has been blocked access to it.

Somehow I think the only way to get ot the bottom of this is to visit the branch or write a letter.

meer53

cloud_dog wrote: »

Hi

Thanks for the comment but the account has not been frozen (payments have very recently been received from the account). As stated one party has been blocked access to it.

Somehow I think the only way to get ot the bottom of this is to visit the branch or write a letter.

Sounds like the logical thing to do.