Trying to close a joint account

MrJames1980

My partner had a very difficult break up with her abusive ex, with the help of a very expensive solicitor things have now all been resolved. With the exception of the joint account with Halifax.

It was a condition of their separation agreement that her name be removed from the account (at the time the large overdraft was cleared £5,000), but Halifax haven't been very forthcoming to say the least.
They're refusing to remove my partner's name from the account as they say both parties have to agree to it and sign the same forms. We asked if they both have to present at the same time (impossible anyway with this guy, and I wouldn't want to put my partner through that), and they said they don't actually know!

We tried contacting the ex in a very civil way saying that we would attend a branch of his choice to resolve this. His reply was extremely abusive and now he's cut all forms of communication.

The Halifax keep sending correspondence to my partner, charges are being applies to the account and of course since her name is on there then she is legally obliged to pay them. Not to mention the £5,000 overdraft if the ex so chooses to spend it.

Also I forgot to mention while the Halifax said it needs both people to remove a name from the account, it only takes one to close it - for a premium. But we were advised if we done this without informing the ex then he would have very good grounds to sue.

Has anyone gone through anything similar? And is there any way out of this other than employing expensive legal services?


Any and all advice is gratefully received.

gentlewoman

@MrJames1980: I believe Halifax has to block/freeze the account if they are notified of the break-up, so that none of the parties can use the overdraft. What charges are they applyings, is there an OD balance still?

As for closing it, I don't know, but the requirement that both parties are present is idiotic to say the least...

I know it doesn't compare directly and this was a while ago, but when I had my ex's name removed from the mortgage, I signed all the documents, then left them with Halifax, and my ex went to sign those documents after that (we were civil, we just couldn't agree on a time to go together to the bank).

stclair

Halifax T&Cs state:

If we become aware of a dispute between you, we may
take steps to prevent any of you giving instructions
or using the account individually until the dispute is
ended. If you have a joint account and you tell us that
you only want us to accept instructions from both of
you (and not just one of you), for example because
there is a dispute you cannot resolve, both of you must
first return your cards, cheque books and any other
items we have provided to you. We may then close
your account and, if we choose, offer each of you the
opportunity to open a new account in just one name.

grumbler

http://static.halifax.co.uk/assets/pdf/bankaccounts/pdf/current-account-guide.pdf

10.1
(g) If we open an account for you jointly and you later
wish to take someone off, add another person to the
account or authorise someone else to operate the
account, you must all apply to do so.

(h) If we become aware of a dispute between you,
we may take steps to prevent any of you giving instructions
or using the account individually until the dispute is
ended. If you have a joint account and you tell us that
you only want us to accept instructions from both of
you (and not just one of you), for example because
there is a dispute you cannot resolve, both of you must
first return your cards, cheque books and any other
items we have provided to you. We may then close
your account and, if we choose, offer each of you the
opportunity to open a new account in just one name

MrJames1980

gentlewoman wrote: »

@MrJames1980: I believe Halifax has to block/freeze the account if they are notified of the break-up, so that none of the parties can use the overdraft. What charges are they applyings, is there an OD balance still?

As for closing it, I don't know, but the requirement that both parties are present is idiotic to say the least...

I know it doesn't compare directly and this was a while ago, but when I had my ex's name removed from the mortgage, I signed all the documents, then left them with Halifax, and my ex went to sign those documents after that (we were civil, we just couldn't agree on a time to go together to the bank).

They certainly haven't put a block on the card, we were told they can't do this without both party's consent...

Last time we checked the balance was clear, well it was £25 OD which we paid in the hopes we could get her name removed, which we could not.

In people's experience, would a letter showing the legal agreements and breakdown of the relationship be enough for Halifax to put a freeze on the account?

MrJames1980

Thank you all for taking the time to reply.

MrJames1980

Just had another chat with my girlfriend, the charges are just for the planned overdraft, but the letter warned if the overdraft is withdrawn and the account goes overdrawn then a fine will be payable for every day it's in this state.

Apparently when she went into the branch she was told they could put a freeze on the account but advised very strongly not to do this, the reason being this would be grounds for her ex to sue.

Dobbibill

What if you partner paid £25 into the account to bring it into credit, then via internet banking, remove the OD. This takes seconds.

If there isn't a block on the account then this will resolve the fear of ex spending money to cause debt liability to your partner.

It will also buy some time to arrange for people to be removed.

HTH

xylophone

Apparently when she went into the branch she was told they could put a freeze on the account but advised very strongly not to do this, the reason being this would be grounds for her ex to sue.

It was a condition of their separation agreement that her name be removed from the account

And presumably he agreed to the agreement?

So what grounds would he have to sue?

grumbler

Dobbibill wrote: »

What if you partner paid £25 into the account to bring it into credit, then via internet banking, remove the OD. This takes seconds.

Do you mean removing the agreed limit? In this case this doesn't stop the account getting overdrawn and the fees will be only higher.

Dobbibill

a few charges for one month would be better than an OD limit of £5k if the ex decided to have a spending spree - just thinking to buy some time to go into branch and at least get the block put on the account preventing further debt