advice

[jojo1974]

hi can any one advise

i had a joint account at hsbc (which is now closed) with my ex husband over 6 years ago which he got into quite a mess while going through divorce period needless to say we are now each having to paying quite a large sum back via a DCA but from memory i think most of this is through charges is there any thing i can do on this

thanks

[nettyg]

have you got any statements from the account as it's going to be a tough fight if you haven't?

 

hsbc are telling me at the mo that they've only got records on fiche that i can download from online banking - which is the LAST 6 years only!!!

 

if you've got the info - different ball game

[jojo1974]

i have got most i think may be odd one or two missing

[nettyg]

ok that's very good. i hope you don't mind but i'm going to pm a moderator who's very interested in the 6+ year claim. i'll get him to pop along and advise.

[jojo1974]

ok thanks

[nettyg]

ok - his inbox is full at the moment but i'll keep trying for you

[jojo1974]

got statemant going back to june 96

[nettyg]

ok, i've sent him a message on his thread so hopefully he'll come back to you soon. while your'e waiting you may want to look through the thread below. it's very long but worthwhile.

 

Bong v HSBC *Contractual Interest & 13yr claim*

[jojo1974]

gone through statements and had £461.69 in charges between 26/04/1999 & 04/01/2000

[HSBCrusher]

Excellent, nice to see a 6+ claim, these are becoming more common now, and I have no doubt that you will win. They will shout about the limitation period but give in as usual after the normal long slog. Stick it out though, you will be OK.

Bong's thread is a good one.

I will be keeping an eye on this one

 

have you calculated interest?

[jojo1974]

I used Vamps spread sheet so got the 8% interest on there which is approx £330 is their a template letter for over 6 years and is this something i can do bearing in mind the account is now cloased and as it was a joint account can i do this with out my ex husbands consent?

[jojo1974]

can any one advise please if i can do this ?

[Rita Skeeter]

hi jojo, i've worked for financial institutions in the past - although NOT hsbc - and would say that the majority of joint accounts are run on a 'jointly and severally' basis meaning that transactions and instructions can be authorised by one of the account holders without the bank needing to check that the other account holder agrees. especially so if your account was a run-of-the-mill current account. you would need to check on this but my guess would be unless it was a business account or something opened on behalf of a charity or club, you're likely to fall into the 'jointly and severally' category. in which case you won't need your ex's permission to pursue this repayment of charges.

 

the one thing you will have to watch is whether the bank ever put any kind of 'flag' on your account - which may have happened if you informed them that you and your partner were separating. they will have done this to protect themselves and would have made sure from that point forward both parties authorised all instructions.

 

perhaps the way forward would be to contact the bank and ask them to confirm the signatory conditions that applied to your account and whether they were ever changed.

 

hope this makes sense? let me know if it doesn't! R:)