View Full Version : Joint bank account legalities? help?!
ocdstigy
24-09-13, 09:14 AM
I will keep this short!
My girlfriends ex boyfriend and her had a joint bank account,her mother died a year ago,left her 60k,now because the account was joint and she had no other account,it went into there joint account.................. unfortunately he is the main account holder,this is where the problem lies.
Now that they have finished he is attempting to get away with keeping the 60k,citizens advice have supposedly told her the money is his because the account is in his name,this money was to set her up with a deposit for a house!
It's not really any of my business,but i cannot sit back and watch this **** steal 60k from her,
I'm just wondering if anybody has any experience in a similar situation on what would be best to do,she is not feeling very good about this,i want to help but i don't know what to do????? Not my normal question for a forum but i'm stuck :(
Any help would be appreciated,thank you in advance.
8valve-craig
24-09-13, 09:21 AM
It sounds to me like a technicality which wouldn't stand up, so she might be better off at small claims court.
Definitely a civil matter though.
ocdstigy
24-09-13, 09:23 AM
It sounds to me like a technicality which wouldn't stand up, so she might be better off at small claims court.
Definitely a civil matter though.
Had a feeling this would be the case,do not know how somebody can try getting away with 60k,disgusts me to the point of feeling sick. Thank you for your help!
novacabrio
24-09-13, 09:28 AM
Go open a new account would be a start, then speak to the bank about the situation, next I'd be speaking to the solicitors that acted on her mothers will and get them involved, £1k on solicitors to get £60k is money well spent
ocdstigy
24-09-13, 09:30 AM
Go open a new account would be a start, then speak to the bank about the situation, next I'd be speaking to the solicitors that acted on her mothers will and get them involved, £1k on solicitors to get £60k is money well spent
She has opened a new bank account,great advice,i will have a chat with her when she comes of her night shift,there must be some form of proof the 60k is hers :( +rep for you also,thank you.
bazzap8389
24-09-13, 09:34 AM
Surly there must be some sort of receipt from the solicitor when the money was left to her?
novacabrio
24-09-13, 09:35 AM
Her solicitor (well her mothers) should have documents to back up any Will that may of been made detailing the entitlement to this money, if that will states that it's to go to her then she should be ok, but if it mentions this ex in name, or mentions "partner" etc then I'd think she is f*cked.
If there is no will, and she was sole beneficiary of her mothers estate then that may complicate it. I've got to speak to my solicitor today so I'll try slip it into the conversation.
ocdstigy
24-09-13, 09:45 AM
Her solicitor (well her mothers) should have documents to back up any Will that may of been made detailing the entitlement to this money, if that will states that it's to go to her then she should be ok, but if it mentions this ex in name, or mentions "partner" etc then I'd think she is f*cked.
If there is no will, and she was sole beneficiary of her mothers estate then that may complicate it. I've got to speak to my solicitor today so I'll try slip it into the conversation.
That would be very much appreciated mate seriously! I have been ringing around solicitors this morning and cannot get an immediate appointment,i can't really find much in the way of Google either,If you could ask that would be absolutely fantastic,thank you very much! Roy.
ocdstigy
24-09-13, 09:47 AM
Surly there must be some sort of receipt from the solicitor when the money was left to her?
I hope so fella! I don't really know enough about joint accounts,poor girl is working her ass off to have her own house built and this cnut is trying to rob her off 60k,seriously disheartning and she is really down about it :/
bazzap8389
24-09-13, 09:50 AM
Fingers crossed the lass gets something sorted out, the guy must be a right knob to try and rob that from her.
ocdstigy
24-09-13, 09:53 AM
Fingers crossed the lass gets something sorted out, the guy must be a right knob to try and rob that from her.
You just wouldn't believe dude,she is close to just letting him have it because she cant be bothered with the hassle of it,not going to happen.......i want to knock him out but it wont solve anything!!!
Pistol Pete
24-09-13, 02:50 PM
Very messy situation. Spend the money and get the right people to investigate it for her. Be worth it in the long run!
ocdstigy
24-09-13, 05:29 PM
Very messy situation. Spend the money and get the right people to investigate it for her. Be worth it in the long run!
Only problem is,anything over 1k taken from the account has to be signed by the account holder,she is just secondary on the account :/
I think he means it as a figure of speech ie "spend "some" money"
good luck.
Sounds very messy
ocdstigy
24-09-13, 05:33 PM
I think he means it as a figure of speech ie "spend "some" money"
good luck.
Sounds very messy
Ah rite,i know what he means now lol ! Very messy,it is not really my problem but she is very kind hearted and dosn't deserve to be used as a door mat,disgusting behaviour,happens to the best of people though :(
Royston
24-09-13, 06:06 PM
Looks as if you are heading the right way as it is a civil matter, but have you spoken to the Police?
If he is withholding her legitimate money, with the potential to transfer it elswhere/spend it I would at least get her to contact them, might put the frighteners on him! theft/fraud??
I would be looking to get the account frozen if possible
Good luck;)
8valve-craig
24-09-13, 06:18 PM
I wouldn't get your hopes up with regards to the account freezing. That's pretty serious stuff which is usually applied only to criminal's, so highly unlikely in this case.
As stated its a civil matter, so the quicker you get the ball rolling the less likely she is to see £1 a week for the rest of her life.
Royston
24-09-13, 07:18 PM
I agree, but I would explore every avenue, it's not £50 after all
If the ex coersed/manipulated her into depositing the money into his account, to which she had no direct access, it would look very suspicious to me. I would certainly contact the Police for advice, they see this sort of thing all the time.......
I have seen someone be coersed and she lost her life savings, some people are very clever/manipulative....
Any geniune person would have suggested her depositing the money in her own account, even if she had to open one.
lee 16v
24-09-13, 07:27 PM
If it was me I would be getting some mates together and going to see him, then take him to the bank and get him to take the 60k out in cash. Its not like we are talking about £60.
Some people are such ****ers, if my ex told me I owed her a 10er I would drop it round to her.
Go round and beat him till he writes you a cheque for £60k not a option?
Southie
24-09-13, 07:49 PM
With it being a joint account couldn't she put a hold on the account by saying that she's not wanting any money going out of the account without her authorisation, at the end of the day it's a joint account so the bank should be able to put the account on hold until you get proper legal advice.
Pistol Pete
24-09-13, 08:06 PM
What sort of joint account is it? My wife and I have a joint account. We have equal rights so confused as to why your misses has no say over the cash in it.
Southie
24-09-13, 08:10 PM
Basically what I thought Pete as me and the wife also have the same, we both needed to sign something to declare withdrawals from the account... Especially large amounts.
Pistol Pete
24-09-13, 08:22 PM
Unless be has tried to be clever and fed her this info so she thinks she can't acces it?
deneil_gsi2000
24-09-13, 08:26 PM
A joint account is a joint account. Each has equal rights over it.
ocdstigy
24-09-13, 09:00 PM
It's a tesco joint account that is all i know
no need for a round of mates,i have been boxing for a years,i'll handle him :)
lee 16v
24-09-13, 09:26 PM
Tbh going round there and beating him half to death will only get you in the s**t.
I would defo be going to tesco and telling them whats happened and see how they can help you. If they can freeze the account until its sorted then thats a start. Maybe even tell her ex he can have £1000 of it if he lets her have the 59k back or you will take it to court. He may just let you have it back. Then would it not be stealing? If your misses can prove its her money and that its not his then its still her money, i may well be wrong, but if I left my car in your drive when we went to the shop it dont make it your car. If all else fails, then go see him with a bat and get 60k worth of broken bones out of him.
ocdstigy
24-09-13, 09:32 PM
I have been very tempted to be quite harsh and threaten him,i don't really want to if i'm honest,but as people have stated it is 60k,he won't be getting away with it,id rather it was done legally but if push comes to shove....
Something smells a bit fishy too me (no I don't need to close my legs lol). My bank refused to let me and my ex open a joint account until we'd gone away and thought about it as we'd both have joint access and could withdraw when we liked. We were told the same by his bank too when we looked into it. I always thought a joint account meant you had 50/50 access.
When I got my credit card I was asked if I wanted to allow Burgo access to the account, he'd have his own card but I'd be the main holder and would have authorisation. Maybe it's something like that rather than an actual joint account? He might of just tacked her onto his account
Either way I hope she gets her money back. She must be devastated.
ocdstigy
24-09-13, 09:38 PM
Something smells a bit fishy too me (no I don't need to close my legs lol). My bank refused to let me and my ex open a joint account until we'd gone away and thought about it as we'd both have joint access and could withdraw when we liked. We were told the same by his bank too when we looked into it. I always thought a joint account meant you had 50/50 access.
When I got my credit card I was asked if I wanted to allow Burgo access to the account, he'd have his own card but I'd be the main holder and would have authorisation. Maybe it's something like that rather than an actual joint account? He might of just tacked her onto his account
Either way I hope she gets her money back. She must be devastated.
Not as devastated as he will be if he dosn't play ball!
Maybe it's not an actual joint account then,silly woman needs to open a joint account with me haha!
In all seriousness...........close your legs ;)
TeddyThom
26-09-13, 03:53 PM
When it comes to joint accounts I believe the first name don't mean squat. It's not like opening a kids account where the parents have control til they are 16/18. You both have to be there to open the joint account so it would make sense when equal rights mentioned.
8valve-craig
26-09-13, 04:27 PM
I think its becoming more and more apparent that instead of actually having a "joint account" she simply deposited the money in her fella's account that maybe they both used.
Hopefully all will turn out just fine without the need for any ugliness, but if not just remember that giving him a good hiding may make him feel like he now has a reason not to co-operate.
Jeff16v
26-09-13, 07:36 PM
If you have any type of insurance it often includes legal advice and can be any type of legal advice. If you can't get an appt with a solicitor make sure you check whether you have legal assistance with car/home/credit card etc..and can ask them for free advice.
dgbnova#1
26-09-13, 08:54 PM
Joint account is joint access she has access to the account if she can draw money from the account if not she's in trouble as anyone can pay into an account but it's theft and extortion and even as a civil matter police need to be involved or the money just disappear and then what?
If she can access the account she needs to go to Tesco and put a block on the account so noone can withdraw anything
1. i can't believe someone willingly put £60k into a joint account....even if she loved him, she's been a mug
2. the lawyers will see £60k & think we'll have a go at that, so nobody else will get any...
3. some people really should fight their own battles... she has done something daft, and if she is lucky, she might get 1/2 of it.
4. if the bloke is the main signatory, then it sounds more like his account & she is an extra card on it.... thus she is a really big mug, i'm assuming she had her own account before she got involved with this bloke
5. trying to get some form of injunction on the account until the matter is resolved is probably the best way to go.
ocdstigy
26-09-13, 10:15 PM
Have not spoken to her yet!
All i know is they both have a card,he is the main name on the account,they had a joint account from day 1,i guess she didn't go into it expecting to be robbed,silly her indeed!
Will see her in the morning and get the ball rolling,if hes not going to stop being a **** he is getting a visit.
possession is 9/10 of the law... its in his account...
Pistol Pete
27-09-13, 12:49 AM
^ but he said its a JOINT account.
lee 16v
27-09-13, 07:46 AM
Something sounds a bit odd to me.
Why would you put 60k in any other account other that your own savings account unless you wanted to let the other person help you spend it or you needed to hide it for some reason.
If I had a joint account with my misses it would be to save for a holiday with her and/or pay the bills (if we lived together) its not that I dont trust her but why stick your neck out with large amouts of money, like 60k!
ocdstigy
27-09-13, 11:07 AM
Something sounds a bit odd to me.
Why would you put 60k in any other account other that your own savings account unless you wanted to let the other person help you spend it or you needed to hide it for some reason.
If I had a joint account with my misses it would be to save for a holiday with her and/or pay the bills (if we lived together) its not that I dont trust her but why stick your neck out with large amouts of money, like 60k!
As far as i'm aware he wanted a joint account from day 1,his intentions were obviously clear,she didn't see it at the time but hey ho,i'm going to get this sorted out the more i think about it lads the more angry i get about it,point of principle whoevers account it is in,it is HER money,no need to try and rob her,getting seriously pissed off now to be honest.
8valve-craig
27-09-13, 11:43 AM
Its difficult to advise somebody who expresses their anger so openly on the internet.
The answers are all here to read and no matter how hard you are, taking matters into your own hands is only going to create another situation. In my opinion it will be an expensive mistake.
Mr ocd is no stranger to ranting and raving on the net.
Whatever happened about this debacle btw??? http://www.pngclub.com/forum/showthread.php?181599-Chavs&highlight=
ocdstigy
27-09-13, 02:42 PM
Its difficult to advise somebody who expresses their anger so openly on the internet.
The answers are all here to read and no matter how hard you are, taking matters into your own hands is only going to create another situation. In my opinion it will be an expensive mistake.
Very true :)
ocdstigy
29-09-13, 07:50 PM
Issue resolved,thank you everybody for the advice!
8valve-craig
29-09-13, 07:54 PM
Care to share?
It could be considered rude not to.
Pistol Pete
29-09-13, 08:16 PM
Aye, come on spill. Cant start a thread, get a result and not divulge. Also did you get the focus back?
ocdstigy
30-09-13, 01:34 PM
He transferred the money over lads,a little threat with police and the best lawyer chasing his **** seemed to have worked.
Pistol Pete
30-09-13, 01:49 PM
And the car?
dgbnova#1
30-09-13, 01:59 PM
Well done good outcome in the end hope she learnt somethin from this !
dgbnova#1
30-09-13, 02:05 PM
Well done good outcome in the end hope she learnt somethin from this !
deneil_gsi2000
30-09-13, 03:17 PM
Nice one. Take it you have your business start up grant now then lol
ocdstigy
30-09-13, 05:28 PM
yes the car also,hes away back he came from,the arsehole! Na no start up loan from me,that money is for her to get a mortgage to build the house she wants,hopefully it is lesson learnt!!
8valve-craig
30-09-13, 06:08 PM
Ask her if she wants to open a joint bank account :)
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