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Right to change legal name denied or to switch accounts with switch guarantee being denied

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The Background -
I have accounts with 2 banks, 2 building societies.
I changed my name to my maiden name and did this by Deed Poll to make the paper trail easier and smoother.
Two building societies and one bank had no issue with this.
One bank has refused to change my name unless I pay for certified verification in ADDITION to my Deed poll, which is a legal document and sufficient on its own.

As I understand it, GDPR law states that when an organisation holds inaccurate data about me, they must change it on request and I have provided the legal document to do so several times (certified copy sent out to them - and several requests to change my name).  

This was sufficient legal evidence for DVLA, HMRC and DWP as well as 3 other financial institutions. But not this bank. They demand I pay a "magistrate, GP...or similar" for additional verification of my identity.
That is asking me to pay for the same verification twice. I have already paid for my Deed Poll. 

Action taken so far:
1. I complained and they did not uphold my complaint and refused to change my name.  

2. In an attempt to resolve it, I tried an account switch - this bank has all my budgeting DD and STO on their account in my old name. Despite returning my Deed poll to me in my new  (maiden) name the bank refused to accept the switch.
The bank I wanted to switch to had changed my name using the deed poll alone and accepted my switch application, but I was refused the switch by the bank refusing to change my name, stating "wrong name" as the reason. (ll other details match AND they have proof of the "wrong" name).

3. I appealed to the financial ombudsman. They ruled that it is reasonable for the bank to ask for me to pay for further verification despite the Deed poll being a legal document and UK Deed Poll advising it is unreasonable to ask anyone to pay for more verification.

4. I have asked for a second ombudsman to look at the evidence - I am in the bizarre situation of having "forsworn" never to use or be known by my previous name and yet I am forced to do so for every transaction to do with this bank. All the transactions are now going in and out of this account in my new name and they have the legal documentation that changes my name, but refuse to change my name.  

I am now in a "catch 22" situation - I cannot switch accounts and I am being forced to forever use an account in an old name that I do not have any ID for. It is potentially making me commit fraud by forcing me to bank in a name I do not have. 

One rep at the bank actually suggested I open an account elsewhere in my old name, switch banks, then change my name since the new bank would accept a deed poll - and I pointed out this is illegal as it is fraud! - Quite apart from the fact that I do not have any ID in that old name now and so it is impossible for me to open accounts in that name even if it was legal!

I am effectively refused the switch guarantee and have twice lost out on financial incentives to switch by having them refuse the switch as the names are different - when the account number, sort code and card details all matched, and they have legal evidence of the new name.

I am waiting for the second ombudsman's decision, but to be honest I am not hopeful.
Over four months down the road from changing my name and I am known by my new name everywhere except in one bank. Surely this can't be right?

I've recently had a serious health issue and made the point to the ombudsman that had I died, my death cert and probate would all be in my new name, with no reference to my old name.
How would they go about allowing probate when they have refused the legal name change?
And if they would allow it if I died, why not when I am alive please?
Just bizarre. My head is spinning. I am utterly trapped in this nightmare. 

What else can I do?

Help!!
«134

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 18,544 Forumite
    10,000 Posts Second Anniversary Name Dropper
    The Background -
    I have accounts with 2 banks, 2 building societies.
    I changed my name to my maiden name and did this by Deed Poll to make the paper trail easier and smoother.
    Two building societies and one bank had no issue with this.
    One bank has refused to change my name unless I pay for certified verification in ADDITION to my Deed poll, which is a legal document and sufficient on its own.

    As I understand it, GDPR law states that when an organisation holds inaccurate data about me, they must change it on request and I have provided the legal document to do so several times (certified copy sent out to them - and several requests to change my name).  

    This was sufficient legal evidence for DVLA, HMRC and DWP as well as 3 other financial institutions. But not this bank. They demand I pay a "magistrate, GP...or similar" for additional verification of my identity.
    That is asking me to pay for the same verification twice. I have already paid for my Deed Poll. 

    Action taken so far:
    1. I complained and they did not uphold my complaint and refused to change my name.  

    2. In an attempt to resolve it, I tried an account switch - this bank has all my budgeting DD and STO on their account in my old name. Despite returning my Deed poll to me in my new  (maiden) name the bank refused to accept the switch.
    The bank I wanted to switch to had changed my name using the deed poll alone and accepted my switch application, but I was refused the switch by the bank refusing to change my name, stating "wrong name" as the reason. (ll other details match AND they have proof of the "wrong" name).

    3. I appealed to the financial ombudsman. They ruled that it is reasonable for the bank to ask for me to pay for further verification despite the Deed poll being a legal document and UK Deed Poll advising it is unreasonable to ask anyone to pay for more verification.

    4. I have asked for a second ombudsman to look at the evidence - I am in the bizarre situation of having "forsworn" never to use or be known by my previous name and yet I am forced to do so for every transaction to do with this bank. All the transactions are now going in and out of this account in my new name and they have the legal documentation that changes my name, but refuse to change my name.  

    I am now in a "catch 22" situation - I cannot switch accounts and I am being forced to forever use an account in an old name that I do not have any ID for. It is potentially making me commit fraud by forcing me to bank in a name I do not have. 

    One rep at the bank actually suggested I open an account elsewhere in my old name, switch banks, then change my name since the new bank would accept a deed poll - and I pointed out this is illegal as it is fraud! - Quite apart from the fact that I do not have any ID in that old name now and so it is impossible for me to open accounts in that name even if it was legal!

    I am effectively refused the switch guarantee and have twice lost out on financial incentives to switch by having them refuse the switch as the names are different - when the account number, sort code and card details all matched, and they have legal evidence of the new name.

    I am waiting for the second ombudsman's decision, but to be honest I am not hopeful.
    Over four months down the road from changing my name and I am known by my new name everywhere except in one bank. Surely this can't be right?

    I've recently had a serious health issue and made the point to the ombudsman that had I died, my death cert and probate would all be in my new name, with no reference to my old name.
    How would they go about allowing probate when they have refused the legal name change?
    And if they would allow it if I died, why not when I am alive please?
    Just bizarre. My head is spinning. I am utterly trapped in this nightmare. 

    What else can I do?

    Help!!
    They dont demand that you pay any of the above, they require you to get their confirmation, whilst that may mean you the professionals require you to pay them to do so thats not the bank's requirement. I live next door to a GP, we sign each others passport applications etc but no one demands that we pay each other to do so. 

    Similarly its neither fraud or illegal to be known by more than one name. I've known several people who've gotten married, changed their name for friends and family but professionally have stuck with their premarital name (I dont say "maiden name" because two of them were male so never maidens).  It is only an issue if you try to claim unfair advantage through having more than one alias. 

    You cannot demand a second ombudsman at the Financial Ombudsman review a case, complaints are originally reviewed by an Adjudicator or Investigator, both bank and customer has the option to accept or reject their decision. If either do then it goes to an Ombudsman for a second opinion; the bank has no choice on if to accept their opinion or not but the customer does. If the customer doesnt accept the Ombudsman's decision the only other route is court.

    I dont understand why you are making such a mountain out of an ant hill though? Go to any random bank tomorrow and open a new account. Transfer the money from the problematic account to the new account later the same day and then instruct the bank to close the account. You now have a new account in your preferred name that you can either use or use as a donner account for transferring to somewhere else. 


  • flaneurs_lobster
    flaneurs_lobster Posts: 6,444 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    That claim about GDPR making it incumbent on institutions to change all their records to reflect your new name is just plain wrong.

    They have every right to hold historical records that reflect your name at the time the records were created. 
  • 35har1old
    35har1old Posts: 1,898 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The Background -
    I have accounts with 2 banks, 2 building societies.
    I changed my name to my maiden name and did this by Deed Poll to make the paper trail easier and smoother.
    Two building societies and one bank had no issue with this.
    One bank has refused to change my name unless I pay for certified verification in ADDITION to my Deed poll, which is a legal document and sufficient on its own.

    As I understand it, GDPR law states that when an organisation holds inaccurate data about me, they must change it on request and I have provided the legal document to do so several times (certified copy sent out to them - and several requests to change my name).  

    This was sufficient legal evidence for DVLA, HMRC and DWP as well as 3 other financial institutions. But not this bank. They demand I pay a "magistrate, GP...or similar" for additional verification of my identity.
    That is asking me to pay for the same verification twice. I have already paid for my Deed Poll. 

    Action taken so far:
    1. I complained and they did not uphold my complaint and refused to change my name.  

    2. In an attempt to resolve it, I tried an account switch - this bank has all my budgeting DD and STO on their account in my old name. Despite returning my Deed poll to me in my new  (maiden) name the bank refused to accept the switch.
    The bank I wanted to switch to had changed my name using the deed poll alone and accepted my switch application, but I was refused the switch by the bank refusing to change my name, stating "wrong name" as the reason. (ll other details match AND they have proof of the "wrong" name).

    3. I appealed to the financial ombudsman. They ruled that it is reasonable for the bank to ask for me to pay for further verification despite the Deed poll being a legal document and UK Deed Poll advising it is unreasonable to ask anyone to pay for more verification.

    4. I have asked for a second ombudsman to look at the evidence - I am in the bizarre situation of having "forsworn" never to use or be known by my previous name and yet I am forced to do so for every transaction to do with this bank. All the transactions are now going in and out of this account in my new name and they have the legal documentation that changes my name, but refuse to change my name.  

    I am now in a "catch 22" situation - I cannot switch accounts and I am being forced to forever use an account in an old name that I do not have any ID for. It is potentially making me commit fraud by forcing me to bank in a name I do not have. 

    One rep at the bank actually suggested I open an account elsewhere in my old name, switch banks, then change my name since the new bank would accept a deed poll - and I pointed out this is illegal as it is fraud! - Quite apart from the fact that I do not have any ID in that old name now and so it is impossible for me to open accounts in that name even if it was legal!

    I am effectively refused the switch guarantee and have twice lost out on financial incentives to switch by having them refuse the switch as the names are different - when the account number, sort code and card details all matched, and they have legal evidence of the new name.

    I am waiting for the second ombudsman's decision, but to be honest I am not hopeful.
    Over four months down the road from changing my name and I am known by my new name everywhere except in one bank. Surely this can't be right?

    I've recently had a serious health issue and made the point to the ombudsman that had I died, my death cert and probate would all be in my new name, with no reference to my old name.
    How would they go about allowing probate when they have refused the legal name change?
    And if they would allow it if I died, why not when I am alive please?
    Just bizarre. My head is spinning. I am utterly trapped in this nightmare. 

    What else can I do?

    Help!!
    When you do a switch all the new bank asks for is sort code account number and the long number on the card no mention of name 
    When opening some accounts you be asked have you ever be known by a different name some have no timeframe other's will say in the last five years
  • Nasqueron
    Nasqueron Posts: 10,630 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The Background -
    I have accounts with 2 banks, 2 building societies.
    I changed my name to my maiden name and did this by Deed Poll to make the paper trail easier and smoother.
    Two building societies and one bank had no issue with this.
    One bank has refused to change my name unless I pay for certified verification in ADDITION to my Deed poll, which is a legal document and sufficient on its own.

    As I understand it, GDPR law states that when an organisation holds inaccurate data about me, they must change it on request and I have provided the legal document to do so several times (certified copy sent out to them - and several requests to change my name).  

    This was sufficient legal evidence for DVLA, HMRC and DWP as well as 3 other financial institutions. But not this bank. They demand I pay a "magistrate, GP...or similar" for additional verification of my identity.
    That is asking me to pay for the same verification twice. I have already paid for my Deed Poll. 

    Action taken so far:
    1. I complained and they did not uphold my complaint and refused to change my name.  

    2. In an attempt to resolve it, I tried an account switch - this bank has all my budgeting DD and STO on their account in my old name. Despite returning my Deed poll to me in my new  (maiden) name the bank refused to accept the switch.
    The bank I wanted to switch to had changed my name using the deed poll alone and accepted my switch application, but I was refused the switch by the bank refusing to change my name, stating "wrong name" as the reason. (ll other details match AND they have proof of the "wrong" name).

    3. I appealed to the financial ombudsman. They ruled that it is reasonable for the bank to ask for me to pay for further verification despite the Deed poll being a legal document and UK Deed Poll advising it is unreasonable to ask anyone to pay for more verification.

    4. I have asked for a second ombudsman to look at the evidence - I am in the bizarre situation of having "forsworn" never to use or be known by my previous name and yet I am forced to do so for every transaction to do with this bank. All the transactions are now going in and out of this account in my new name and they have the legal documentation that changes my name, but refuse to change my name.  

    I am now in a "catch 22" situation - I cannot switch accounts and I am being forced to forever use an account in an old name that I do not have any ID for. It is potentially making me commit fraud by forcing me to bank in a name I do not have. 

    One rep at the bank actually suggested I open an account elsewhere in my old name, switch banks, then change my name since the new bank would accept a deed poll - and I pointed out this is illegal as it is fraud! - Quite apart from the fact that I do not have any ID in that old name now and so it is impossible for me to open accounts in that name even if it was legal!

    I am effectively refused the switch guarantee and have twice lost out on financial incentives to switch by having them refuse the switch as the names are different - when the account number, sort code and card details all matched, and they have legal evidence of the new name.

    I am waiting for the second ombudsman's decision, but to be honest I am not hopeful.
    Over four months down the road from changing my name and I am known by my new name everywhere except in one bank. Surely this can't be right?

    I've recently had a serious health issue and made the point to the ombudsman that had I died, my death cert and probate would all be in my new name, with no reference to my old name.
    How would they go about allowing probate when they have refused the legal name change?
    And if they would allow it if I died, why not when I am alive please?
    Just bizarre. My head is spinning. I am utterly trapped in this nightmare. 

    What else can I do?

    Help!!
    They dont demand that you pay any of the above, they require you to get their confirmation, whilst that may mean you the professionals require you to pay them to do so thats not the bank's requirement. I live next door to a GP, we sign each others passport applications etc but no one demands that we pay each other to do so. 

    Similarly its neither fraud or illegal to be known by more than one name. I've known several people who've gotten married, changed their name for friends and family but professionally have stuck with their premarital name (I dont say "maiden name" because two of them were male so never maidens).  It is only an issue if you try to claim unfair advantage through having more than one alias. 

    You cannot demand a second ombudsman at the Financial Ombudsman review a case, complaints are originally reviewed by an Adjudicator or Investigator, both bank and customer has the option to accept or reject their decision. If either do then it goes to an Ombudsman for a second opinion; the bank has no choice on if to accept their opinion or not but the customer does. If the customer doesnt accept the Ombudsman's decision the only other route is court.

    I dont understand why you are making such a mountain out of an ant hill though? Go to any random bank tomorrow and open a new account. Transfer the money from the problematic account to the new account later the same day and then instruct the bank to close the account. You now have a new account in your preferred name that you can either use or use as a donner account for transferring to somewhere else. 


    I suspect the OP means the adjudicator or whatever first line are calling themselves now have rejected it and so OP has asked the Ombudsman to look at it. I am 90% sure (based on uphold rate of first line decisions) the Ombudsman will agree with the adjudicator that they cannot force a bank to override their internal security processes just for the OP. 

    I agree though this is a mountain / mole hill scenario, OP hasn't missed out on any switch bonuses, they could have opened an account with another bank, moved any direct debits needed to qualify and then switched that and then closed the problem bank at their leisure.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • sheramber
    sheramber Posts: 22,372 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Have you got an enrolled Deed Poll?

    There are 2 ways to get a deed poll. You can either:

    • make an ‘unenrolled’ deed poll yourself
    • apply for an ‘enrolled’ deed poll

    Ask the organisation you’re dealing with (for example your bank) which type of deed poll they’ll accept as proof of your new name.


    https://www.gov.uk/change-name-deed-poll

  • Jami74
    Jami74 Posts: 1,284 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I've still got an account in a previous name (22 years). It hasn't caused me any problems, although I don't use it for much now. I guess it would be useful if anyone ever sent me a cheque in that name.

    I've opened loads of new accounts in my current name and done loads of switches between them for incentives. Not really worth stressing about. If you don't want to keep the account in that name then just close it. 

    Being nosy, why someone would change their name by deed poll from their married name to pre-married name?
    Debt Free: 01/01/2020
    Mortgage: 11/09/2024
  • Zanderman
    Zanderman Posts: 4,864 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 21 May at 1:18PM
    Jami74 said:

    Being nosy, why someone would change their name by deed poll from their married name to pre-married name?
    I would guess the same reasons as lots of people, mostly women (obviously) do. Mostly due to divorce. Deed Poll is the only method to do this as far as I know? Not really relevant to the OP's concerns though.
  • Eyeful
    Eyeful Posts: 937 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Catkincath:

    1. What is the name of this bank you are having this problem with?

    2. Just transfer your money to your second bank, then close the bank account you are unhappy with.

    3. Write to BBC Money Box program, you never know the "Money Box effect" might just happen for you.

  • Catkincath
    Catkincath Posts: 16 Forumite
    10 Posts Photogenic
    Uriziel said:
    Could you not just transfer the money to your new account and close the old one? I understand the switch is convenient but surely that works as well?
    Unfortunately it’s not just about convenience, it’s about being protected by the “switch guarantee”. If I have to manually change every DD & STO. (Which I will eventually do if no other way) then I do not qualify for the “switch guarantee” not will I receive any “switch incentive”.  I am therefore “denied” it despite providing legal proof of name change and they have written to me in that name. 
    Contrary to another’s response, the reason they refused to switch accounts was purely because “names do not match” so the different name does matter, even tho they have proof of name change - and returned it to me addressed to my new name. 
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