Can a 14yr old be blacklisted?

rae2271

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all? Also, can a minor be blacklisted? Thanks 

Hasbeen

rae2271 said:

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all? Also, can a minor be blacklisted? Thanks 

I think he was given advice not to do this on his own thread?

https://forums.moneysavingexpert.com/discussion/6144448/14-year-old-depositing-money-into-his-own-bank-account/p1

rae2271

No that’s not him

eskbanker

rae2271 said:

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all?

To what extent were Halifax aware of your son's disability and vulnerability?

rae2271 said:

Also, can a minor be blacklisted?

It's perfectly legitimate for Halifax to choose not to do business in future with someone on the basis of what's happened here.  It would be worth checking CIFAS to establish if they've added a fraud marker that would prevent him from opening accounts with anyone else either: https://www.cifas.org.uk/contact-us/subject-access-request

Fighter1986

The bank account was used for fraudulent activities.

It's utterly irrelevant why, the DDA doesn't come in to play here.

The bank can leave a CIFAS fraud marker against his name. This will cause issues opening an account elsewhere.

If his disability prevents him from allowing accounts in his name from being used for fraudulent purposes, he shouldn't have accounts in his name. If Halifax give him a CIFAS marker then this will likely prevent accounts being opened in his name for six years. 

I'm very sorry you're having to cope with this. Autism is a real challenge and anyone who hasn't dealt with it can't begin to imagine the stresses it can put on a family and those who love you.

You're doing a great job. 

rae2271

eskbanker said:

rae2271 said:

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all?

To what extent were Halifax aware of your son's disability and vulnerability?

rae2271 said:

Also, can a minor be blacklisted?

It's perfectly legitimate for Halifax to choose not to do business in future with someone on the basis of what's happened here.  It would be worth checking CIFAS to establish if they've added a fraud marker that would prevent him from opening accounts with anyone else either: 

eskbanker said:

rae2271 said:

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all?

To what extent were Halifax aware of your son's disability and vulnerability?

rae2271 said:

Also, can a minor be blacklisted?

It's perfectly legitimate for Halifax to choose not to do business in future with someone on the basis of what's happened here.  It would be worth checking CIFAS to establish if they've added a fraud marker that would prevent him from opening accounts with anyone else either: 

I had a telephone conversation with them after they spoke to my son. My son was unable to answer questions because of his condition but he said someone else had used his account. They were not interested in his vulnerability or conditions. 

Fighter1986

I'm afraid you don't have a case here.

Of course, before this happened, neither you, your son, nor the bank knew that his disability prevented him from staying within the confines of the law with regards operation of a bank account.

If you knew this were possible, would you have opened the account with him?
If Halifax knew his disability made him susceptible to use as a mule, would they have allowed him to open an account?

I'd imagine the answer to both of the above are no. It's a regrettable set of events and there are many of "if we knew, we'd have handled it differently" or "now we know, we'll handle it differently in future" but the fact remains the account was used for fraudulent undertakings.

Any banking institution will immediately end all relationship with a customer under these circumstances. This isn't something that can ever be repealed by way of a complaint. Fraud is handled very seriously. 

If your son gets away without a CIFAS marker against him consider him a very, very lucky boy and be damn sure he has improved immeasurably in terms of handling phone conversations and rejecting anyone who tries to take advantage of him before helping him open another account.

If there's even the slightest doubt in your mind about his ability to handle things very differently and 100% competently in future, don't help him open another account. 

eskbanker

rae2271 said:

eskbanker said:

rae2271 said:

My son who has autism, adhd and dyslexia had a bank account with Halifax. He let his ‘friends’ use it and the bank have identified it as a scam account. My son is very vulnerable. The bank have said that they will close the account and he won’t be able to ever bank with their banking group again. I am looking at appealing this as they haven’t taken into account his disability. Any thoughts on this at all?

To what extent were Halifax aware of your son's disability and vulnerability?

I had a telephone conversation with them after they spoke to my son. My son was unable to answer questions because of his condition but he said someone else had used his account. They were not interested in his vulnerability or conditions. 

I meant to what extent were they aware of his condition before the account misuse, not afterwards, when it's too late - they can hardly take into account something they don't know about, so don't see how that could be grounds for appealing against their decision?

Fighter1986

I'm going to make a completely off topic and outspoken suggestion here, which may come across as harsh. You're welcome to ignore my advice.

Don't use your son's disability to excuse wrong doing.

Wrong is wrong and he needs to learn that. He must never get the slightest whiff that his disability justifies any wrong doing.

It does not, and he must be taught that. 

The autism will make it harder for you to teach him certain concepts and will take him longer to grasp certain concepts but they must still be taught and enforced. 

Adult life doesn't play forgiveness.  Your son will fly once he's learned the concepts that he finds difficult to understand right now, it's just gonna take a little longer, and be a little tougher along the way. 

onlyfoolsandparking

You absolutely do have a case as your son has 'protected characteristics' under EA 2010 and the bank are also governed by that law. It has nothing to do with DDA, this has been superceded by the equality act (unless your in Northern Ireland).

I personally would contact the bank (probably better to do it in writing) and explain what has happened in detail. Whilst you may not get anywhere with closure of account the bank are absolutely not allowed to discriminate against him and although none of us know the full details of what has happened, it certainly looks like he has not been treated fairly and the fact he has 'Protected status' makes me think they breaking the law. The bank has a duty to people like your son to go the extra mile in helping them lead as 'normal'  a life as possible and I'm afraid Halifax have fallen way below what is acceptable here.


I work in the area of Autism, have done for years and believe me nobody (especially commercial business's like a bank) is allowed to flout the equality act 2010.

Fighter1986

The son wasn't prejudiced against for being autistic.

His account was closed due to fraudulent activity, not due to the account holder being on the autistic spectrum. The equality act would only come in to play had the bank closed his account for the sole reason of "account holder being on the autistic spectrum".

Notwithstanding, if a banking organisation have reasonable belief that a customer is susceptible to use as a mule they may make the business decision to terminate their relationship with the customer.

This is no different to the DVLA revoking the driving license of someone who's susceptible to seizures. Is that a breach of the equality act too? No.