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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Joint Account-Can my friend close/freeze it?


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Hi there,

My friend has recently got divorced and currently has a joint account at the Nationwide, unfortunatley his ex-wife regularly empties the account so it goes over their overdraft limit and he ends up paying the charges, she doesn't earn and he does and he is getting depressed and distressed at this situation. He has tried to close the account but staff at his Nationwide account tell him this is not allowed, what can he do please?

Ps- i thought i read once that it is possible to freeze a joint account but not close it?

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I think this has been asked already on the forum tonight, but I will answer. He can ask that the account is frozen due to a marital dispute. Is the account in credit or debit?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Because I assume his ex wife won't sign anything for the account to be closed so clearing the overdraft and having the account frozen will do the job to get the account on lock down forever until such an agreement is reached.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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If the account is joint then he should be able to close it. You mention charges therefore I assume it is a flex account, you cannot have a flex account which is either to sign.

 

I suppose technically you are supposed to return both cards and chequebooks etc.

 

In answer to your question yes he can put the account in dispute, I forget the exact term as I no longer work for Nwide but essentially the account would be frozen.

 

I would suggest doing this in the branch and pointing out to the manager that the staff were IMO negligent in not informing him of this (assuming he's been in and asked about this).

 

He'll need to make alternative banking arrangements as the dispute thing can't be removed unless both parties sign something (which doesn't seem likeky from what you have said).

 

Get him to put this in place ASAP, it solves the immediate problem, however I would certainly question the information he's been given re closing the account.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Hi, that advice is great, thankyou!! Please can i ask what 'IMO' is? Ps- i believe my friend rang Nationwide national number today (not local branch) and the lady on the other end assured him that she could cancel his overdraft with only his authorisation so i believe he has done that for now!!

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IMHO = In My Honest Opinion

 

I'm glad to be able to help, please feel free to click on the scales of justice, these seem to have grown neglected by users in recent times :(

 

Now back to the matter at hand, now that your friend has done the thing I can't remember the name of my understanding is that nothing can happen to the account unless both parties come to some agreement. This doesn't seem likely from what you have said but at least it brings an end to the situation.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 4 months later...

Hi,

I had a similar issue happen to me whereby our relationship has ended and I need to close our joint account. I have tried going into the branch but was told that the only option was for my ex to cut up her card and send it into a branch, which is not possible with the current situation.

 

Any advice as to how I get the account frozen/closed?

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It seems you can go in with ID and ask for it to be closed.

 

Stand firm and if the bank so no ask them to sign to confirm you have been in and asked for them to close the account, and that they know you no longer want to be on the account, and that the other person is now to pay all charges on that account. This should make them remember you can close it.

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I believe they ARE supposed to have both cards returned but in this situation it is not possible. They can get the dispute kind of thing mentioned above put on the account but this is not ideal since there will stil be a joint account and thus a financial association with CRAs.

 

A current account is always either to sign so they should be able to close it. It can definately be closed without a card because that's what they do if someone has been paying off a reducing overdraft. They wouldn't get sent a new card if the account was only open to pay the OD off.

 

Ask to speak to a manager, perhaps make an appointment to do this, they are just sales managers now but have more discretion than regular staff so they will be eager to get it sorted and get back to 'motivating' thier staff to sell.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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