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banks & joint accounts

  • 80SGIRLWOKEUP
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25 Jan 08 #11890 by 80SGIRLWOKEUP
Topic started by 80SGIRLWOKEUP
hi does anyone have advice about banks and joint accounts?
i have posted b4 and got 1 response which referred me to Fin Obudsman Office.
Does anyone know should banks havd policy for dealing with disputes between married couples who are divorcing and have a joint account.?
I feel I am being deliberately stonewalled by our bank. They have failed to send me statements cancelled DDs without my knowledge, allowed my husband to cancel all his life assurance when we have considerable size mortgage and Loans!!
My sol says she cant do anything until I get NISI and she get him in Ancil Relief Court!!
Does anyone have any ideas.
I have been very strong and organised and vigilant in the last 18 months but am starting to get a bit bogged down and dissolusioned with the whole divorce process!!
Should have had my Nisi in Sept but judge adjourned now back in Court 12 Feb!!Thanks

  • gone1
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25 Jan 08 #11898 by gone1
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Hiya 80's girl. I had 2 joint accounts. One with natwest and one with nationwide. The natwest is still open despite my efforts to close it. Nationwide was another matter. I explained things to them. They froze the account and asked for my card etc. Her card is void. If she tries to use it the machine will just swallow it. I think it depends on the bank. Some are good and some are bad.

I think this is something you need to deal with yourself. To be honest the sol is the last person I would ask as it will cost you a lot of money when U can deal with this yourself. Have you spoken to your branch manager?

Your ex is allowed to cancel DD's. Thats an issue with him and not the bank. I doubt if the bank would cancel DD's without your knowledge as it goes against the banking code. It was more than likely your ex that canceled them.

If I was you I would open a new account in your own name and transfer all the existing DD's into this account. Thats what I did in the end. I just couldnt trust her to play sensible. That way U know they will get paid. You dont need life insurance for a mortgage. I dont have any and I have a mortgage.

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25 Jan 08 #11902 by 80SGIRLWOKEUP
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thanks Chris
i have an new bank account which is great, but ex was unwilling to allow me to transfer DDs and to cover payments.
I left the DDs in the joint account hoping he would continue to pay them, he did for a year.
At the time the Bank assured me that no changes could be made to DDs and S Orders without consent of the two of us.

I have now discovered my husband instructed bank to cancel DDs for life assurance and they say they made a mistake.
They have told me that the DDs will be reinstated, I have got new DD mandates today from life assurance people and have gone down to the Bank and they have assured me that my husband will be told to come in and sign the mandates.

So after a week of trying to sort it out no my own I have done it! Yeah
thanks again for the advice

ps does any one know why my sol wont apply for ancil relief until i get the Nisi?

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25 Jan 08 #11907 by sexysadie
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80SGIRLWOKEUP wrote:


ps does any one know why my sol wont apply for ancil relief until i get the Nisi?[/quote]

You aren't allowed to. I assume it is because the relief is anciliary to a divorce and it is the nisi that says you are actually allowed to divorce. Without it there is no divorce so no anciliary relief.

Sadie

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25 Jan 08 #11912 by 80SGIRLWOKEUP
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THANKS NO ONE HAD REALLY EXPLAINED THAT TO ME B4
I GET IT KNOW!!!

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25 Jan 08 #11921 by IKNOWNOW
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Lets first talk about applying for AR. My application for AR was put into the court in November 07, and a date set for the hearing of 12th Feb this year. My Nisi is not being listed until the 31st of January and so was therefore not a foregone conclusion when my application for AR was filed and listed.

Now for the bank accounts. I had our joint account frozen as soon as he left, although after he had maxed out the overdraft facility. They cannot close the account until it obviously has a nil or + balance so the account remains open. I have signed a form to agree to it being closed but he will have to do the same. The question as to who pays off the overdraft will have to be answered at the Financial Hearing. Either of you can cancel the direct debits unless you specified that both signatories were needed. The bank kept our mortgage payments in the joint account for a while but obviously there needs to be sufficient funds to cover these. I eventually moved them to my sole account.

You can ask your x2b to pay the money into your account if needs be to cover the direct debits. If he does stop making payments to cover the bills you can apply for a Maintenance Pending Suite.

You say that your x2b has cancelled his life cover on the mortgage, mine has done exactly the same and I have spoken to the mortgage company and they say that it is a recomendation not a stipulation of the mortgage; so he has stopped paying it and if he was to die tomorrow I would still have a £130K mortgage and 5 children to bring up and no life insurance payout whatsoever. Just shows what little regard they have for their children at the end of the day (he can afford to pay Gym Membership for him and the new woman, which is more than his life insurance premium - glad to see he is getting his priorities right).

Speak to the companies that you have direct debits with and make them aware of the situation, see if there are any you could do without and see if there are any that you may pay say only 10 months in the year and see if they will spread them across the full 12.

Hope this has helped some what.

Regards, Sarah

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