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Divorced - Closed account Ex wont sign!!!


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Help!!

I'm sorry if this has already been answered somewhere but I cant find it if it has.

 

I'm divorced and am claiming back charges from HSBC for the old joint account which is now closed.

 

The bank have made an offer (over 2000.00) but my Ex wont sign as he wants to look into it 1st - and I only have 10 days to reply. I've done all the work and have said we could split it 50/50. Very fair considering he owes me over 400.00

 

He wants copies of all my letters and will then think about it after taking advice!!

 

The account was either to sign and I know he's entitled to 1/2...

 

  • What should I do?
  • Can I legally claim just in my name - as I have done to this point?
  • Do the bank have to have his signature?
  • Can I kiss goodbye to the money if he decides to be vindictive and not sign?

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I think that I am right in saying that on notice of dispute, mandates revert to common law which means that all parties should sign.

 

Without going into more detail, I don't think that HSBC should even be considering your claim unless signed in accordance with the mandate - now requiring two signatures - and from there on it all has the potential to go seriously down hill and wrong.

 

IMHO anyway.

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Put it to him this way - either he wants some money for doing bugger all, or he doesn't.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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i'd sign his name 4 him lol no-one would know either way. why does he want to look through it all? id be quite happy accepting half of your claim for him if he doesn't want it lol

 

just sign it yourself, tell him hes too late and keep it for youself :) or still sign it and give him half when u recieve it

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Unfortunately if she signs it on his behalf I believe that would constitute fraud, or obtaining money by deception, not sure which. Unless of course you're kidding :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Help!!

I'm sorry if this has already been answered somewhere but I cant find it if it has.

 

I'm divorced and am claiming back charges from HSBC for the old joint account which is now closed.

 

The bank have made an offer (over 2000.00) but my Ex wont sign as he wants to look into it 1st - and I only have 10 days to reply. I've done all the work and have said we could split it 50/50. Very fair considering he owes me over 400.00

 

He wants copies of all my letters and will then think about it after taking advice!!

 

The account was either to sign and I know he's entitled to 1/2...

 

  • What should I do?
  • Can I legally claim just in my name - as I have done to this point?
  • Do the bank have to have his signature?
  • Can I kiss goodbye to the money if he decides to be vindictive and not sign?

 

Sign it and tell him tough, you have done the work you sign,

 

No fraud because the account is either party to sign

 

pete

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I'd say you're right, Pete, the mandate for either party to sign has never been recinded - also if there was any doubt the bank would be only too happy to find a loophole! :rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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but dont forge his signature as suggested in post 5 -which is what me and rayne were referring to

 

Yep! that would be totally out of order, pure forgery, but as Pete says, it's not necessary.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks PD - that's what I was trying for! ;)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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The account I claimed on was is my name only for all but the last 3 years when it was turned into a joint account! It was either to sign. Right through the claim the bank and dg did not make reference to the fact it was a joint account but the acceptance letter required both signitures! I ignored their letter and just signed my name on my own acceptance letter. They paid me!

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Same as Freaky, the charges I got back yesterday were for a joint account and the settlement letter they sent me required both signatures. I wasn't happy with the terms they were proposing though so sent my own acceptance letter signed only by me and I still got my money. Send your own acceptance letter and then give him half the money if he is that fussed, sounds like he's being a complete arse!

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kimbo - bet you wish you hadn't asked!!! lol

 

but, to sum up - if it was an either to sign joint account - we have always said it only takes one signature and one person to do the claim right through to the money. what you do after you get the money - now - that could start another avalanche of responses - but it's up to you - most divorce settlements have a line in them which says something about any money coming your way from when you were married should be divided between you - so i'd give him half and say - "don't know why i'm doing this - as i did all the work - but here you go" now sod off!

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so i'd give him half and say - "don't know why i'm doing this - as i did all the work - but here you go" now sod off!

 

What a lovely turn of phrase Latty, - see you've got the legal jargon off to a tee ,then! LOL! :grin:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I would give him half less the £400 he owes you, he's still £600 up on the deal for doing nothing. Give him it with a receipt showing the £400 deducted, monies owing. Give him a copy of the offer & acceptance.

Hey business is business LOL

 

Celicaman

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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and what about the £9.25/hour for the time she used preparing the claim!

let's be frank (or george or whoever) it's a bit like chicken licken or whoever it was - nobody wanted to help while she was planting the wheat, reaping it - preparing it - making the bread - but now it's done - he wants his slice - bloody cheek!

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I can't sit by and let all you ladies have a go at this poor bloke who may never have done anything wrong and been the perfect husband!

 

Perhaps he worked all the hours just to put food on the table? How can you have a pop at him when he is not here to defend himself?

 

Ok just going to hide before all the responses come back at me!! LOL :)

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