Ex wont close joint account

mab3000

BPPete said:

- I went to my local Lloyds branch and spoke with the branch manager asking to close the account. I was advised that this could cause some Direct Debits to bounce and so I was better to transfer funds to pay off the immediate DD's and freeze the account.

In hindsight, I would have still closed the account anyway and contacted the companies who you are paying the DD’s immediately to explain the situation and make alternative arrangements to pay. Unfortunately it’s the action of freezing the account that is the root cause of the problems trying to close this joint account now.

The advise LLoyds gave, you could argue yes or no if it was the correct advise they gave. Did Lloyds make it clear to you of the consequences of freezing the account? 

SusieT

BPPete said:

Thank you so much for your comments and advice. 
- The account is in positive balance, around £30. Honestly, they can donate that money to charity if they wish. 
- We were not married, although we owned a house together. 
- The relationship broke down in spectacular fashion when the Police arrived at the house to say that the partner of her long term affair had threatened to kill her. 
- Once the initial shock wore off, I checked the joint account and she had withdrawn all funds. 
- I went to my local Lloyds branch and spoke with the branch manager asking to close the account. I was advised that this could cause some Direct Debits to bounce and so I was better to transfer funds to pay off the immediate DD's and freeze the account.
- The comments about the financial association were spot on. It's horrific to be financial tied to someone after half a decade of trying to close this account.
- I haven't had communication with the ex for probably 3 years now and I am very reticent to try to reach her after all this time. 

The guidance on the T&C's for Lloyds was very interesting, thank you. This seems to contradict what Lloyds have told me over the phone. 

I believe this is now with the financial abuse team at Lloyds. I argued that there actions didn't comply with the Financial Abuse Code of Practice. They have a meeting in a few weeks and this case will be discussed. I keep my fingers crossed. 

Thank you all again

I think (seeing the fact that there is money in the account) you would be better off contacting the financial abuse team if it is with them and removing your name from the account rather than closing it. That would leave the ex with a bank account that is no longer joint and has a £30 balance, and you with no more financial association. 

BPPete

SusieT said:

BPPete said:

Thank you so much for your comments and advice. 
- The account is in positive balance, around £30. Honestly, they can donate that money to charity if they wish. 
- We were not married, although we owned a house together. 
- The relationship broke down in spectacular fashion when the Police arrived at the house to say that the partner of her long term affair had threatened to kill her. 
- Once the initial shock wore off, I checked the joint account and she had withdrawn all funds. 
- I went to my local Lloyds branch and spoke with the branch manager asking to close the account. I was advised that this could cause some Direct Debits to bounce and so I was better to transfer funds to pay off the immediate DD's and freeze the account.
- The comments about the financial association were spot on. It's horrific to be financial tied to someone after half a decade of trying to close this account.
- I haven't had communication with the ex for probably 3 years now and I am very reticent to try to reach her after all this time. 

The guidance on the T&C's for Lloyds was very interesting, thank you. This seems to contradict what Lloyds have told me over the phone. 

I believe this is now with the financial abuse team at Lloyds. I argued that there actions didn't comply with the Financial Abuse Code of Practice. They have a meeting in a few weeks and this case will be discussed. I keep my fingers crossed. 

Thank you all again

I think (seeing the fact that there is money in the account) you would be better off contacting the financial abuse team if it is with them and removing your name from the account rather than closing it. That would leave the ex with a bank account that is no longer joint and has a £30 balance, and you with no more financial association. 

Thanks Susie, they won’t let me. I have tried. 

smashinglynaive

BPPete said:

Thank you so much for your comments and advice. 
- The account is in positive balance, around £30. Honestly, they can donate that money to charity if they wish. 
- We were not married, although we owned a house together. 
- The relationship broke down in spectacular fashion when the Police arrived at the house to say that the partner of her long term affair had threatened to kill her. 
- Once the initial shock wore off, I checked the joint account and she had withdrawn all funds. 
- I went to my local Lloyds branch and spoke with the branch manager asking to close the account. I was advised that this could cause some Direct Debits to bounce and so I was better to transfer funds to pay off the immediate DD's and freeze the account.
- The comments about the financial association were spot on. It's horrific to be financial tied to someone after half a decade of trying to close this account.
- I haven't had communication with the ex for probably 3 years now and I am very reticent to try to reach her after all this time. 

The guidance on the T&C's for Lloyds was very interesting, thank you. This seems to contradict what Lloyds have told me over the phone. 

I believe this is now with the financial abuse team at Lloyds. I argued that there actions didn't comply with the Financial Abuse Code of Practice. They have a meeting in a few weeks and this case will be discussed. I keep my fingers crossed. 

Thank you all again

This is in no way financial abuse.  You are not being coerced or controlled financially. You are merely being inconvenienced by an uncooperative third party.

As I said earlier and will repeat, your best way of attack is to complain that you wanted to close the account on the day and would have been able to without the inappropriate advice from the staff member to freeze it first, which triggered the requirement for agreement from both parties.

A financial abuse complaint is a complete non-starter.

phillw

Daliah said:
Exactly how is the uncooperative party screwed over? Even if the account isn't closed, it would be suspended, so either way it is unusable.

They freeze it to stop one party withdrawing all the money, without the permission of the other party.

One of them would have had to inform them there was a dispute.

phillw

Daliah said:
I very much doubt the FCA would insist that a vulnerable person can just willy-nilly force a continued financial association on anyone.

If you enter a contract together, then you can't just dissolve that contract because you changed your mind about them.

It's mostly an issue if you have joint debts, but if there is a dispute about assets then the bank can't just take one persons word for it. Or are you saying they should confiscate any money left in an account, so that neither person gets it?

born_again

BPPete said:

Thank you so much for your comments and advice. 
- The account is in positive balance, around £30. Honestly, they can donate that money to charity if they wish. 
- We were not married, although we owned a house together. 
- The relationship broke down in spectacular fashion when the Police arrived at the house to say that the partner of her long term affair had threatened to kill her. 
- Once the initial shock wore off, I checked the joint account and she had withdrawn all funds. 
- I went to my local Lloyds branch and spoke with the branch manager asking to close the account. I was advised that this could cause some Direct Debits to bounce and so I was better to transfer funds to pay off the immediate DD's and freeze the account.
- The comments about the financial association were spot on. It's horrific to be financial tied to someone after half a decade of trying to close this account.
- I haven't had communication with the ex for probably 3 years now and I am very reticent to try to reach her after all this time. 

The guidance on the T&C's for Lloyds was very interesting, thank you. This seems to contradict what Lloyds have told me over the phone. 

I believe this is now with the financial abuse team at Lloyds. I argued that there actions didn't comply with the Financial Abuse Code of Practice. They have a meeting in a few weeks and this case will be discussed. I keep my fingers crossed. 

Thank you all again

Was any action taken over that? 

Daliah

phillw said:

Daliah said:
I very much doubt the FCA would insist that a vulnerable person can just willy-nilly force a continued financial association on anyone.

If you enter a contract together, then you can't just dissolve that contract because you changed your mind about them.

It's mostly an issue if you have joint debts, but if there is a dispute about assets then the bank can't just take one persons word for it. Or are you saying they should confiscate any money left in an account, so that neither person gets it?

The terms and conditions on who has the rights to the money in the account are entirely clear. A dispute changes precisely nothing regarding those rights. Nobody ever suggested that the bank should confiscate any money, either. The terms are equally clear on who can close the account. 

Don't know why people keep arguing that it would be ok to be forced to stay in an unwanted financial association when there is no money owed to the bank. If there is a financial dispute between the parties - - -  which there does not appear to be one based on what the OP reported - - - it would not be the bank's job to resolve it. Which is why Lloyds and other progressive banks allow either account holder to close the account.

Anyway, as this is now a pretty circular discussion, I am out. The best of luck to the OP with their formal complaint, assuming one has actually been raised now.

phillw

Daliah said:

Don't know why people keep arguing that it would be ok to be forced to stay in an unwanted financial association when there is no money owed to the bank. If there is a financial dispute between the parties - - -  which there does not appear to be one based on what the OP reported - - - it would not be the bank's job to resolve it.

Financial associations aren't something you can just walk away from because you feel like it, otherwise there would be no point in financial associations. So no need to be overly dramatic.

I would say that five years is too long to drag on. If you didn't use a current account for five years then they'd probably have closed it long ago.

cx6

I think it is a good time to summarise:

1. the money in a joint account belongs to both parties - I believe the term is 'jointly and severally'

2. either party can withdrawn everything and close the account without the agreement (or indeed knowledge) of the other party

3. point 2 does not apply if the account has been frozen, in which case both parties must agree.