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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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Halifax/bank of Scotland name removal from joint account


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Hello all,

 

My daughter has a joint account with her ex that she wishes to have her name removed from but the Bank/Halifax are making it difficult.

 

Her ex left earlier this year and moved back to Scotland and left her with debts and a load of other problems which she has slowly managed to get sorted.

 

She had to give up her courier job to look after the two children(6 and 4 yrs) and so has had to claim IS.

However, due to this joint account the IS people are making it difficult to get the benefit and this has been ongoing since March.

After many calls to the IS they said she would have to make a new claim which she has now done so has to get around the Joint account problem.

 

Noe the bank says there are only two ways she can get her name off the account and these are,

1] she has to go to Scotland and sign a joint application paper to have her name removed as both parties have to go to the bank and sign the same time. She really really does not want to do that,

2] The other way is to actually get him to close the account and has he is out to cause as many problems for her as he can the chances here are probably a big fat zero.

 

So, is there anyway that she can get this account closed/ name removed other than what the bank has said.

She really wants it closed as to protect herself from any debts he may run up.

 

The other question is now she's made this new IS claim will they take it from the date of the claim or will they back date it to the start of the original claim.

 

Any help/advice is appreciated

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I would assume the account is in debit ?

 

For that reason you will struggle as joint account is joint and several for any outstanding debts.

 

Andy

We could do with some help from you.

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STOP using the account and bank, open up a different bank account with the post office or some other and have all of your income paid into the new account.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Andy,

The account is in credit and has always been since it was originally setup. She has not used this account since they split up.

 

Bazooka Boo

She has done that so that any money she gets paid by IS (when they finally get to giving her some) does not go into the other account.

Her child benefit and CTcredit is being paid into the new account as well.

 

Just wondering if theres some kind of letter that can be sent to the bank so that she can get her name off the joint account. Or, that they have split up

and she is no longer using that account so would like her name removed from it and that she will not be responsible for any debts that may occur on

the joint account from the date of the breakup.

 

Really just want someway of getting her name off the account without her having to travel 300 miles to Scotland just to sign a paper.....

 

Would it be worth a trip to the local citizens advice centre?

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If you would like to remove a party on your bank account, call into your local branch with identification. View acceptable forms of identification. A request to remove a party from your bank account will only be accepted where the account is in credit.

 

 

https://www.bankofscotland.co.uk/helpcentre/addorremoveaparty.asp

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