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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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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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