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

Catkincath

Eyeful said:

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.

1. Not sure if it is within forum rules to name /shame an institution when seeking advice? Is it necessary to the discussion?

2. I intend to do this but as I pointed out (and sought help for if I’d missed anything), this does not allow me to benefit from the switch guarantee nor can I benefit from a switch incentive.  To do that, the account must be fully switched through the new bank contacting the old.  The old bank have refused to allow the switch despite account number sort code and card number matching. And having  deed poll with the new name.  I am therefore denied a switch guarantee /incentive which I believe is unfair. 

3. I don’t know what the “money box effect” is but I’ll look it up to see if I can get advice here. 

Catkincath

Ergates said:

Catkincath said:

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!!

Whilst this is obviously annoying, I don't think the bank is breaking any rules or laws.

e.g. GDPR requires that they change inaccurate details when informed - but doesn't specify what verification they must accept of a name change.

Also, as mentioned above, continuing to use an account in your previous name is not fraud, nor is it illegal.

How much would it cost to get a certified document that would satisfy their requirements?   Whilst it is tempting to dig your heels in when you believe an organisation is wrong - balance that with the amount of time and effort you've spent on this so far (and the potential loss of switching bonus for not getting it sorted).   Is it really worth it?

Fair point. I may have to give in.  I’ll see what the second ombudsman says. 

I was just seeking advice on whether I’d missed anything.  (Some responses here are a bit harsh!)

I do have to say though that as I said in another reply, and according to a bank I wanted to switch to and  i explained the situation to, and how this bank advised me to use my old name, it most certainly is fraudulent for me to try to use a name I have “sworn” to give up.  The “new” bank were horrified at the idea.  🤷🏻‍♀️

mab3000

You say that the deed poll was enough to change your name with the DVLA, will the bank in question not accept your driving licence as proof you have changed your name? I am aware of a few banks that will use a driving licence as proof of name change 

Eyeful

Money Box Effect

When the BBC Money Box program investigates a financial issue, the publicity can pressure organizations to
resolve complaints more quickly or change their policies

Catkincath

mab3000 said:

You say that the deed poll was enough to change your name with the DVLA, will the bank in question not accept your driving licence as proof you have changed your name? I am aware of a few banks that will use a driving licence as proof of name change 

Only if I have that driving licence officially verified by a magistrate, GP, JP, solicitor etc… (which is an additional cost and I’ve already paid to have my name change verified - deed poll!) 
They do not have a high street branch to walk into so I can present myself with ID or have a chip and pin check on my card. 
I have asked for an office address in my nearest city to attend in person with my photo ID and they ignored that 
I have offered to email a photograph of my photo ID and they will not accept that. 

I have offered to have this other verification done as per their wishes if they pay for it and they refused. 

Nasqueron

Catkincath said:

Nasqueron said:

DullGreyGuy said:

Catkincath said:

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.

You are right - the ombudsman said if I wasn’t happy with his decision I could ask for a second to review it so I have.  I didn’t “demand” anything, just exercised a right to go to the next stage as advised. It has given the opportunity to send extra evidence that their website would not let me originally upload. But I am not hopeful that the decision will change. 

It may seem mountain/molehill and I’m sorry if it does, but I actually DO miss out on switch bonuses.  And u have - twice. 

I applied to switch to a different bank, they accepted and sent to this bank details for the switch to take place and the application was returned denied - “names do not match ”.   I therefore can only get out of this by manually transferring each DD and STO - this is not a “switch” and therefore does not qualify for the switch guarantee or any bonuses offered by the new bank. 

I said "asked" not "demand", please don't put words in my mouth

FOS are unlikely to change this as it's a security decision you happen to disagree with

As I explained above, you didn't lose out - you could have used another account to switch without issue

wmb194

Just move the DDs and SOs manually, close the account and move on. You can use or setup other accounts for switching incentives.

Nasqueron

Eyeful said:

Money Box Effect

When the BBC Money Box program investigates a financial issue, the publicity can pressure organizations to
resolve complaints more quickly or change their policies

This is a security issue, the bank should absolutely not change such policies to ensure the protection of customers, just to keep a single customer happy

Catkincath

Nasqueron said:

Catkincath said:

Nasqueron said:

DullGreyGuy said:

Catkincath said:

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.

You are right - the ombudsman said if I wasn’t happy with his decision I could ask for a second to review it so I have.  I didn’t “demand” anything, just exercised a right to go to the next stage as advised. It has given the opportunity to send extra evidence that their website would not let me originally upload. But I am not hopeful that the decision will change. 

It may seem mountain/molehill and I’m sorry if it does, but I actually DO miss out on switch bonuses.  And u have - twice. 

I applied to switch to a different bank, they accepted and sent to this bank details for the switch to take place and the application was returned denied - “names do not match ”.   I therefore can only get out of this by manually transferring each DD and STO - this is not a “switch” and therefore does not qualify for the switch guarantee or any bonuses offered by the new bank. 

I said "asked" not "demand", please don't put words in my mouth

FOS are unlikely to change this as it's a security decision you happen to disagree with

As I explained above, you didn't lose out - you could have used another account to switch without issue

Please re read your original answer before being so hostile. 

“ You cannot demand a second ombudsman at the Financial Ombudsman review a case,” - your words. 

I did not demand. Sorry I seem to have ruffled your feathers. 

I have politely explained several times here why I lose out on a switch.  To benefit, the switch must be done directly by the bank.  The original bank have refused to allow it. Ergo I lose out. 

I only asked for advice - not judgement. Please be kind. 

AmityNeon

Catkincath said:

I have politely explained several times here why I lose out on a switch. To benefit, the switch must be done directly by the bank. The original bank have refused to allow it. Ergo I lose out.

Has the offer expired? If so, then yes, you've lost out; otherwise, you can still switch another account, one that's in your current name.

Plenty of serial switchers have dummy/burner current accounts, specifically for the purpose of taking advantage of switch incentives without needing to disrupt their banking setups.

When updating my name with First Direct proved too onerous, I just closed the account (in my old name) and then opened another account (with First Direct) in my new name, even though I was advised on the phone that course of action wouldn't be possible.