Debt collector making my life a misery

bladesprincess

Hi am hoping someone can advise on this problem thats quite worrying. My husband and I got together in 2004 after he broke up with his ex partner. They had a joint account with a well known bank whom she works for. He decided it was best to take his wages out of the joint account and set up a new account with a diff bank as he needed to pay his rent on his new flat.
In the few weeks that followed he realised through a statement that came to my house (my mortgage was with the same bank at the time) that money was still being withdrawn from the joint account and standing orders had been set up to transfer large sums. He questioned this with the bank and how they had gotton hold of my address as he didnt live with me at the time and they couldnt offer an explanation.
The next statement came and he realised that the account was significantly overdrawn, charges had been added and his ex's name removed from the account. He again questioned with the bank and again they couldnt offer an explanation.
They suggested putting his complaint in writing which we did, we also wrote to the fraud dept as everything suggested that his ex's name had been removed without his consent (remember she works for the bank) and that she must has given my address as his new abode (even though we were only dating at the time).
We eventually received a reply from the branch manager of the branch that his ex works at (no not the fraud dept as you would expect) saying that they had removed her name in his interests so he could continue putting his money in (he never asked them to). Long story short we complained again asking how they could remove her name without his consent after she had withdrawn all the money and didnt get anywhere. They also said that the withdrawals came from his cash card and he had made the withdrawals! :mad:
Four years on my hubby has now received 3 letters from a debt collection agency threatening to take our property, his car etc etc. A debt collector also came to our home the other night, I was mortified!:eek:
My questions are where do we go from here and can the debt collection company do what they are threatening when the house is in joint names? By the way the debt is for just over £1300
Many thanks in anticipation

moneyspender1981

Send another letter - saying that you think his ex has minipulated his account and you would like an investigation about this. Explain that you did not authorise any transaction neither the bank to act upon their own initiative and remove her name.

The outcome of their investigation will be noted and the financial ombudsman contacted if the outcome is not satisfactory.

All banks system have a tell tale feature...no one can do anything without it being recorded against their login ( i develop systems for a living.)

Worth a shot.

Broken_hearted

I would have gone to the police at the start, now I'd seek legal advice and take the ex to court.

bladesprincess

Many Thanks, I'll do that.
Any ideas about the debt collector, can they do what they are threatening?

GeorgeUK

I agree with moneyspender - another letter is in order. I would send a copy to the complaints department and also to the head office. I'd also ask if it is required that i contact the police to notify them of a possible fraud as your bank details were altered without your authorisation.

With regards to the debt collector, they have as much right to enter your property or take your belongings as the paperboy. NONE. Don't know what the DCA is threatening to do, but i'd request a copy of the CCA (Consumer Credit Agreement) to ensure that they are allowed to collect the debt. There are details and template letters on this thread.
http://forums.moneysavingexpert.com/showthread.html?t=578486

bladesprincess

Thanks Brokenhearted but Its a little difficult to do anything to his ex as far as the police etc as they have a child together and she will stop access quicker than we could dial the police station! It cost a fortune to gain access in the first place and we have just had our first baby, so money is short as far as a solicitor.

bladesprincess

GeorgeUK wrote: »

I agree with moneyspender - another letter is in order. I would send a copy to the complaints department and also to the head office. I'd also ask if it is required that i contact the police to notify them of a possible fraud as your bank details were altered without your authorisation.

With regards to the debt collector, they have as much right to enter your property or take your belongings as the paperboy. NONE. Don't know what the DCA is threatening to do, but i'd request a copy of the CCA (Consumer Credit Agreement) to ensure that they are allowed to collect the debt. There are details and template letters on this thread.
http://forums.moneysavingexpert.com/showthread.html?t=578486

Thats a brilliant idea saying about the police in the letter, wouldnt have thought of that! The DCA is threatening and I quote " we are unaware of any legally valid reason for non-payment etc... we are therfore considering whether we should issue a statutory demand under the insolvency act 1986 (bankcruptcy)" then it goes on to say what the implications for bancruptcy are!

Broken_hearted

The only way to deal with it without getting her into trouble is to pay it, what worries me is the bank covering it up. I would check she hasn't done anything else.
The CCA request doesn't work in the case of O/D George so that option is out.

GeorgeUK

Sounds like the CCA letter should be sent then. It's not a silver bullet, but will let them know you are aware of the legal rights, (it would cost them alot of money to go to court so for £1300 probably wouldn't consider it).

If they can't supply the CCA within 12+2 working days, then the debt is unenforcable without a court order. If they do provide it, then you should be able to see if it was a joint account or if this has also been altered.

NEVER provide a DCA with your signature. And don't phone them either - make sure all communication is written.

EDIT: Didn't notice it was for an overdraft.
Might be worthwhile doing a Subject Access Request from the bank and DCA.

bladesprincess

GeorgeUK wrote: »

Sounds like the CCA letter should be sent then. It's not a silver bullet, but will let them know you are aware of the legal rights, (it would cost them alot of money to go to court so for £1300 probably wouldn't consider it).

If they can't supply the CCA within 12+2 working days, then the debt is unenforcable without a court order. If they do provide it, then you should be able to see if it was a joint account or if this has also been altered.

NEVER provide a DCA with your signature. And don't phone them either - make sure all communication is written.

EDIT: Didn't notice it was for an overdraft.
Might be worthwhile doing a Subject Access Request from the bank and DCA.

sorry whats a subject access request?

GeorgeUK

SAR = subject access request. Under the data protection act 1998, individuals are entitled to obtain information held about them.

The consumeractiongroup has a template
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

It is usually used when reclaiming bank charges here, but they should supply all information they hold on you within 40 days. There is a £10 charge though. Anyone else think a SAR would be of use in this situation?