Reclaiming money

[completelyrandom]

Hi all! Long time lurker.

Quite a complex issue so apologies about the length of this post.

 

Back when my nephew was born my brother and his partner set up two bank accounts

- a joint account and a single person account ( my brothers partner)

- meant for paying for stuff for my nephew, etc.

They were never married.

All well and good until they split.

 

My brothers ex partner is now making life difficult for my brother to get access to the second account

- there was a not-unconsiderable amount of money in this, including birthday/christmas money from other relatives, etc.

 

There should be no reason for any money to have left this account since my brother moved out of his ex partners home

- we do question whether she has used the money for other purposes and is now attempting to hide the fact.

 

We've tried communicating with her since however it's slow going and it seems very much like she's making it difficult.

 

Some money was paid in by cheque so I imagine it should be able to be traced back to which account it came from.

 

First question:

Does this fall under small claims court, criminal law (theft - permanent deprivation?), or neither?

 

Second question:

If it's small claims court territory

can we start a claim against his ex partner to force disclosure of statements and splitting of funds

(So what he has paid in he gets back, what she paid in she gets back)?

 

Thanks guys,

 

Al

[dx100uk]

if her name was ever in the account name

then she can do an SAR to the bank surely and get all the statements

 

dx

[steampowered]

If they were not married, I think it is small claims territory.

 

If they were married, it would need to be addressed as part of a much bigger picture as part of the divorce arrangements.

[completelyrandom]

If they were not married, I think it is small claims territory.

 

They were never married.

 

if her name was ever in the account name

then she can do an SAR to the bank surely and get all the statements

 

dx

 

He was never a named holder on the other account - but does have documents relating to it in his possession.

Edited July 7, 2014 by completelyrandom

[steampowered]

Usually with a joint account both signatories can get information or make withdrawal? Can't he go to the bank and ask them for a transaction record?

[completelyrandom]

Usually with a joint account both signatories can get information or make withdrawal? Can't he go to the bank and ask them for a transaction record?

 

He was never a joint account holder on this second account.

[steampowered]

I think he would have to use small claims to get the money back if she won't co-operate. It might not be straightforward as he'd have to convince the judge that there was some agreement about how the money was used; as the account was in her name with her having withdrawal rights the court will start from the position that she was entitled to do with the account as she pleases.

 

Obviously it is much better to resolve these things amicably if possible.