Joint account angry man

SAAA

My ex partner cancelled all the direct debits of our joint account without informing me. He took a whole load of money out so it is up to the overdraft limit. I need to ensure I'm not liable for this amount. How?
My pay went into there before he withdrew all the money. Can I get this back?
He is an angry man intent on causing as much mayhem as possible. I am glad I finally see this now, for me and the kids. But I need to protect myself.
Any websites or advice appreciated. I've joined this site especially so I can post this, never used it before so am sorry if I'm not using it correctly or asking silly questions.

thriftylass

Sorry to hear you are in this position. As it is still a joint account you are both responsible and it is both your money. So your money might be gone I am afraid, however read on. It depends if you are in England or Scotland. Cancel your mandate asap and the account will be frozen. And check out for instance the citizens advice website.

https://www.citizensadvice.org.uk/debt-and-money/banking/joint-bank-accounts/#h-who-is-responsible-for-debts

Also contact your bank immediately. You should both be liable to pay back the overdraft. But I guess by his behaviour he won't. However, definitely speak to your bank because in certain circumstance the money you pay in might still be yours and not his.

System

efinitely speak to your bank because in certain circumstance the money you pay in might still be yours and not his.

I'd be interested to know how it can be claimed that money paid into a joint account is the sole property of only one of the signatories.

thriftylass

Quoting the citizen's advice website, bits in bold

If there is disagreement about a joint account


If you have a disagreement with another joint account holder, you should cancel the joint account mandate straight away.

If the mandate isn't cancelled straight away, any one account holder will still be able to get access to the account and the bank won't be able to refuse to pay them.

When you cancel a joint account mandate, the account will be frozen. All the account holders will then have to agree on how to divide the money up between them. If it's not possible to agree, the courts will have to decide how to divide the money up.

In England and Wales, if all the people pay money into the joint account, it is assumed that they all own the amount jointly, it doesn't matter how much each person pays in. For a husband and wife or civil partners, it is assumed the money in the account belongs to both of you, even if only one of you pays into the account. However, for joint account holders who are not married or civil partners, if one of you isn't paying into the account, it isn't assumed that that person owns the money. It can be difficult to prove that you own the money in a joint account if you aren't paying into it, unless you can show that it was the clear intention of the joint account to have a common fund which each person could use.

In Scotland, it is assumed that the money held in a joint account belongs to the person who paid it in unless it can be shown that it was intended to be held jointly. This rule applies whether the joint account holders are married, in a civil partnership or living together. In practice, all the joint account holders may be able to access all of the money, and any disagreement about who the money belongs to would have to be decided by the courts.

If you are not happy with the way your bank deals with your joint account, you should first make a complaint to your bank. If you are still not happy you can ask for further help from the Financial Ombudsman.

Person_one

You could give the Womens Aid helpline a call too, if he's left you unable to pay bills or living costs then it sounds like financial abuse, and they can help you access support and advice:

https://www.womensaid.org.uk/information-support/helpline/#1447935545169-3f348b09-4541

heuchera

The bank can chase both of you for the overdraft amount. In reality I would think the partner with the job (income!) will be the one who ends up paying it, as they won't be able to get money out of someone who's got none.

Guest101

Unfortunately the money is as much his as it is yours and possession in this case is 9/10s of the law.


Cancel all payments into that account and setup a current account for yourself

Guest101

heuchera wrote: »

The bank can chase both of you for the overdraft amount. In reality I would think the partner with the job (income!) will be the one who ends up paying it, as they won't be able to get money out of someone who's got none.

Actually often it's the partner who's traceable that pays.


it's much easier to trace the person who has stayed in the registered address.

System

thriftylass wrote: »

Quoting the citizen's advice website, bits in bold

If there is disagreement about a joint account


If you have a disagreement with another joint account holder, you should cancel the joint account mandate straight away.

If the mandate isn't cancelled straight away, any one account holder will still be able to get access to the account and the bank won't be able to refuse to pay them.

When you cancel a joint account mandate, the account will be frozen. All the account holders will then have to agree on how to divide the money up between them. If it's not possible to agree, the courts will have to decide how to divide the money up.

In England and Wales, if all the people pay money into the joint account, it is assumed that they all own the amount jointly, it doesn't matter how much each person pays in. For a husband and wife or civil partners, it is assumed the money in the account belongs to both of you, even if only one of you pays into the account. However, for joint account holders who are not married or civil partners, if one of you isn't paying into the account, it isn't assumed that that person owns the money. It can be difficult to prove that you own the money in a joint account if you aren't paying into it, unless you can show that it was the clear intention of the joint account to have a common fund which each person could use.

In Scotland, it is assumed that the money held in a joint account belongs to the person who paid it in unless it can be shown that it was intended to be held jointly. This rule applies whether the joint account holders are married, in a civil partnership or living together. In practice, all the joint account holders may be able to access all of the money, and any disagreement about who the money belongs to would have to be decided by the courts.

If you are not happy with the way your bank deals with your joint account, you should first make a complaint to your bank. If you are still not happy you can ask for further help from the Financial Ombudsman.

From the initial post it is fairly clear that

unless you can show that it was the clear intention of the joint account to have a common fund which each person could use.

applies. It would be up to the OP to prove from the bank statements that this wasn't the case.

thriftylass

!!!!!! wrote: »

From the initial post it is fairly clear that applies. It would be up to the OP to prove from the bank statements that this wasn't the case.

However, I wonder if in the case of separation (not sure how to proof) the funds weren't meant for joint use anymore. Not sure if the computer or a person in the bank would be able to make that decision. Unless she speaks to the bank she won't know where she stands as we don't know how her bank handles situation like this. Realistically, she should've cancelled the joint account upon separation and I personally think the money is gone, however one can only try.

jackyann

I would definitely contact Women's Aid or your local Domestic Abuse unit - this IS abuse, and they have the expertise to help you deal with it.
As I understand it, legally the money is joint, but using bank statements to demonstrate what has happened will mean you can get some help - but it needs people who understand what is going on.

In the meantime, contact all of your utilities etc and explain - they won't let you off, but will be sympathetic whilst you get everything moving. Do the same with your housing.

DON'T borrow money at an an extortionate rate of interest. Talk to a family worker at your local Children's centre / kids' school, who can help you with things like access to local services, maybe a food bank.

Don't be afraid to ask for help to keep you & the kids afloat.