Joint Account Overdraft Problem

Anthorn

PeacefulWaters wrote: »

I'm not aware that courts have the power to order a bank to remove a party from a joint account.

Why?

If courts of law didn't have the power to settle disputes then we wouldn't need courts of law!

It doesn't really matter what a T&C or even a legal agreement says because there is the exception coming from common law, "In the circumstances". Circumstances change and no agreement can take account of all circumstances which the signing parties are likely to encounter.

PeacefulWaters

I'm not aware of a judge ever ordering a mortgage lender to remove a party from a joint mortgage either.

So I'm going to go out on a limb and say unless the T&Cs are unenforceable due to being unfair nobody's getting out of a joint current account, mortgage or similar financial commitment on the say so of a judge.

grumbler

Absolutely.
Courts act within the law and it does matter what "a T&C or even a legal agreement" says. In fact, T&C is a legal agreement and what only mattes is whether they are enforceable (=comply with the law) or not.

colsten

I agree with others - get a current account elsewhere (or even with the same bank) and put the joint account into dispute.

In terms of settling the overdraft, can you get a 0% super balance transfer credit card? http://www.moneysavingexpert.com/loans/cut-loan-overdraft-costs

Can you also take the joint account holder to Court for half of the outstanding money? A Money Claim Online might do the trick?