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Partner increased overdraft limit on account without my knowledge, RBOS chasing me

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Hi

 

About six years ago my partner and I opened a RBOS current account, we both signed the usual account application forms and a joint account was opened. She was in the process of setting up a business and funding alot of this on credit cards and overdrafts.

 

Without my knowledge she setup a 5.5k overdraft on our joint account and ran it to its limit. Apparantly this was done over the phone with a 'friendly' assistant manager she had gotten to know quite well in her dealings with the bank. I never had any notification of this. I cannot remember if the account came with an overdraft facility, if it did it was only about £100.00, nothing like 5.5k.

 

She has now left and is in the middle of an IVA, so as far as she is concerned this 5.5k is not her problem, she has dealth with it. However, RBOS are now demanding I pay in full as I was a joint account holder. Is there anything I can do as I wasn't aware this was happening and I certainly never signed for it?

 

 

Thanks

 

David

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If you are both signatories on the account, I believe your OH would have been well within her rights to increase the overdraft without the need of your say so as the account doesn't require both your signatures to do anything (I presume???). The banks would argue that you should have been aware as your statements would show the increased overdraft etc.

 

As for who is responsible and so on, I don't really know I'm afraid. Someone will be in to help soon, rest assured....


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi

 

Thanks for the reply. Unfortunately it looks like I an going to have to cough up or RBOS will never leave me alone.

 

Thanks

 

David

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unless the account was both signatories required for all transactions I would guess the above advice may be correct - but then you would jointly be responsible for the debt surely? not just your responsibility?

 

I am no expert and I am sure someone will reply soon - but having dealt with mortgage arrears in the past the only COMMENT i would make is that the courts are usually sympathetic with anyone who makes an effort to repay a debt - so try making an arrangement for your part and keep records in writing / recorded delivery letters of all your attempts to resolve the matter - while you are waiting for better advice than mine!

 

Jansus:)


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Yeah I'm not for one minute saying you are responsible for it because I don't know either way. In fact, you should be looking for ways out of paying for it, I was just responding to say it can be done without your sayso. There are some very knowledgable people around these forums that may be able to give you some advice on this....hold out for a while, you will get someone in soon ;)


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Speak to them and advise them that you are disputing this. As a joint account they should have a way of freezing the account under a "Marital Dispute" even if not married as its a joint account. Then at that time nothing can happen on the account until both people have signed an agreement, be it that the account goes over to one persons name, or money gets paid in (ie 50/50 split).

 

Not sure if RBoS can do something like this, but worth a try.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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|Have you gone as far as to ask RBS about this? What have they said? You said originally that RBS are chasing you for the money - do they know the situation??


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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