FAT CAT BANKER VS ignorant housewife

[catherinegoodhope]

Hello. I don't know where to get advise and appreciate any help. My ex-husband is a fat-cat banker (Chase, HSBC, ABMRO) and I am a housewife. We USED to have joint bank accounts- savings and current with HSBC. One of the things he was adamant about was to close both these accounts. He needed my signature. I didnt want to sign until we sort out everything else with the divorce financial settlement.

 

The ex was hoping I would settle for 100k quietly. He just learned that a big fat solicitor is taking my case even though I paid only the solicitor's first fee. He was wrathful. Then he did something strange.

 

STRANGE THING WHICH COULDNT WAIT:

Why was it SO IMPORTANT for my ex to suddenly apply to HSBC to close these joint accounts? HSBC took it into consideration. They 'wrote' to me seeking my agreement. The letters came back 'return to sender' - because the mail was sent to the matrimonial home where he is staying with his vegetarian girlfriend. He knew I could be contacted by mobile but obviously didnt want HSBC to get in touch with me so he didnt bother to tell them. I have internet banking but neither HSBC bothered to send me an email message on my internet banking account. HSBC thought that since my ex so 'kindly' agreed that the remainder of those accounts would be credited to me (totaled £6) in another HSBC account (my own account), closing the joint accounts would do no harm.

 

I finally called them to find out why these accounts were closed. I saw them missing from my internet banking list. I am a HSBC Premiere client. HSBC said it was NOT normal practise for them to close joint accounts without joint signatures. I guess my fat cat, ex HSBC manager on 100k plus managed to convince HSBC.

 

WHY WAS THESE ACCOUNTS SO IMPORTANT FOR MY EX TO GET CLOSED THAT HE APPLIED TO HSBC AND MISLED THEM SO THEY ARE INDEED CLOSED?

 

I feel upset that people with power and influence can do whatever they like. HSBC says they can't reinstated the accounts. Should they? I wish I can sue HSBC too for letting my ex close the joint accounts even though they are clearly a contentious issue and mentioned in the divorce settlement papers. I NEVER understood why these joint bank accounts are so important, since they were blocked due to our marital dispute, but I just put up reisitance simply becuase it means so much to my ex. If my ex wants something done, I know, its not going to be beneficial to me. What is the secret?

[CAGisforME]

My first question would be: Did these accounts have a "Staff Marker" on them?

 

If so, then as the member of staff (this would be the case with Barclays whom I worked for) , ie your ex - would have access to the department that oversee staff accounts and my therefore may have managed to get them to close them that way.

 

Second Question. Have you asked your Solicitor to find out what they heck your ex thinks he is playing at?

 

Third question: Did you not inform HSBC that you were no longer resident at the matrimonial home? Even though the accounts were joint there would no reason why you could not have statements sent to your correct address.

 

Fourth Question: Given that HSBC have told you, as a Premiere Client or otherwise, that the accounts should NOT have been closed without your signature, have they given you any explanation as to why they WERE closed?

 

I will hazard an educated guess as to why he wanted the accounts closed. But it is a guess. Although there may have been very little in the accounts your ex will be aware from Bank systems what the "anticipatory" overdraft limit will be on the accounts. IE the amount to which you can overdraw them before they are frozen or cards stopped etc. And he thought that you might just do that.

 

Normal procedure in the case of divorce, and once the bank has been informed of the split, is for the accounts to be frozen until such time as BOTH parties agree to the overdraft or balance being split.

 

Whilst I would think only a solicitor can advise you as to whether you can sue for reinstatement of the accounts, I would advise a very strongly worded letter to the Bank asking for a full and frank explanation of how the accounts were closed without your permission, expecially as they were part of your Divorce petition, a fact that your solicitor can verify.

 

As someone who has the divorce Tee Shirt, worn it, grown out of it, discarded it and now using it as a duster, I can sympathise with you and understand you are angry. Get your solicitor to sort this out and try REALLY REALLY hard not to let your ex see that ANYTHING he has done has wound you up or caused you any upset whatsoever.

 

[catherinegoodhope]

CAGisforME, THANKS for your input and helping others who still have to wear the divorce T-shirt. The answers are:

 

1) As far as I am aware, no, the accounts were NOT with 'Staff Marker'

2) My ex planned the separation meticulously months before running off with the girlfriend. He made sure I am without financial resources. After using a useless Legal Aid solicitor who did nothing, I managed to persuade a

£274/hour CITY solicitor to take my case even though I made clear that I can only pay his first £274 to get me a financial settlement court date which will be for 21Nov. I will inform him of these issue.

 

3) I have informed HSBC of a new 'correspondence address' - a c/o address to a friend's house. I have kept the martimonial address on the records saying I will be fighting for the matrimonial home. They agree to let me keep the matrimonial address AND a separate 'correspondence address'.

 

4) HSBC said they had failed to contact me to ask my permission to allow my ex to get the accounts closed. Since I 'couldnt be contacted' they closed it anyway because said they - a) The amount was credited to me anyway.

 

The bank WAS aware that there was matrimonial dispute. Before the absolute closure of the accounts, it was FROZEN FOR 16 MONTHS.

 

HSBC HAS informed me why they closed the account - my ex applied, they couldnt contact me, the sum was trivial AND credited to me, so they went ahead with it. ARE THEY JUSTIFIED?

 

YOUR ANSWER MAKES SENSE - overdraft. Today HSBC called to say that though my personal loan for £9000 is not approved, they have given me a £5000 overdraft on my own Premiere account.

 

And YES! I tell my ex - 'I dont love you anymore' just to wind him up. And my new CITY solicitor REALLY PIS*es him off!!! MY ex THOUGHT I WILL CONTINUE TO BE THE SUBSERVIENT HOUSEWIFE - one who doesnt fight back. Dont get angry, get EVERYTHING!

[CAGisforME]

Hi Catherine,

 

Well, I'm sure with the help of a good solicitor and some moral support from forum members on here we'll have you fitted into that T-shirt in no time and no doubt looking fabulous in a "look what you are missing" type way in no time!

 

So, to those pesky blighters at the HSBC for want of a better name...

 

1. If the accounts didn't have the staff marker on the ex shouldn't have had any more say, or any "alternative" way of dealing with them.

 

2. PLEASE make sure your solicitor knows about this. It demonstrates ex's intentions and his continual belief that he is "in control". Make sure the solicitor asks the HSBC some very taxing questions, gets some answers and, hopefully, some compensation for you for the distress and worry.

 

May I ask (please feel free not to answer) if there are dependant children involved?

 

May I also ask whether you have ensured that you are claiming all the benefits to which you should be entitled?

 

Let him meticulously plan what he likes Catherine, you can do the same. Just make sure you give him no clues!!

 

3. / 4. If you told the HSBC your correspondence address they are BANG out of order saying that they "couldn't contact you". Again your solicitor needs to be made aware of this.

 

The accounts should have been frozen and they should have left that way until BOTH signatures were obtained. And they know that. Let them try and squirm out of it with your hot shot solicitor!

 

It's not just about the balance, it's the principal hun, and I understand why you are so angry.

 

They aren't justified, as they had an address for you.

 

Very pleased you have adopted a "don't get mad, get even (or everything and more) approach", it boosts the self esteem and allows you to look in the mirror with your head held high every day.

 

My only other advice, apart from above is to be careful about landing yourself in debt just now. Don't borrow money unless you have to.

 

Housewives are often in the best position in Divorce cases, as I'm sure your lawyer has told you. There were you, keeping house, entertaining hubby's hot shot friends, keeping nice whilst he was empire building. As has been proved last year in the Divorce courts, if YOU hadn't been there his empire wouldn't be what it is.

 

Now you can enjoy taking it down brick by brick.

 

Good Luck hun, I really mean that!

[patrickq1]

and dont forget you are entitled to half the proceeds of the pensions and also the home ,so you can force the home sale before he gets her pregnant(hope this does not hurt or offend)because if he does then he can try to stay in the home till the childs 18,or if you have children then you are entitled to live in the matrimonial home and till their 18 birthday...stick the boot in cause if he had planned all this before hand then he is the pits...and just when he thought things were starting to improve any double dealing he may have had report them but not to your bank but to others ,by the sounds of things the only way you can hurt him is in his pocket....my opinion only

but good luck and i hope you have a really bright future ahead of you,and i find it really sad that you could nt have talked before it got to all this..nothing worse than seeing a marraige torn up after many years..patrickq1

[Ell-enn]

Hi there, I'm sorry you're having to go through all this anguish. I helped my friend through a really nasty divorce - every time she reacted to something her ex did her ran to his lawyer. He almost broke her in the end, but she had a brilliant solicitor.. I know it's hard - but - keep quiet and work with your solicitor, don't let him know what you are doing or planning - let the soliitor hit him with it when the time is right.

 

My late father had a brilliant saying - "revenge is a dish best served cold" and believe me it's true. I've proved it more than once!

 

Good luck with your cold dish!!! I sincerely wish you well.

[gizmo111]

Having had a rather messy divorce or two, I think you are concentrating on the wrong aspect. The joint account status is no longer relevant, you are in this respect no longer financially associated and as has been pointed out you can't run up any debts that he is jointly liable for and likewise nor can he run up any that you are jointly liable for. The conduct of the bank is maybe dubious, but that is not really important in the bigger picture.

 

Divorce is a horrible thing and if you want to give more details on the sitaution then we would be happy to help to the best of our ability and experierences.

 

Get yourself a which guide to divorce available from any WH SMiths or similar shop for around £10, this will help you to understand the process and terminology associated with divorce, and help you to understand your rights.

 

Do something for yourself, that will make you feel better, maybe a massage, new haircut or whatever you feel you need and can afford to be able to tackle this situation.

 

Try your best to avoid long sessions and corrrespondance with lawyers, at the end of the day this wil ljust reduce your settlement and ultimately affect your financial security, there have ben cases where legal fees have gone in excess of £50K - they are the only ones who benfit from this.

 

Sit down and work out ( estimate below value if necassary) what the assets and liabilites of the marriage are and what you expect as a settlement. The court will tart at 50%, but will adjust up and down depending on circumstances, and will trade offthings like pensions for a higher lump sum now.

 

For further good advice and support I recommend this site Divorce: ondivorce for friendly community support .

 

Take care and keep us updated.

[catherinegoodhope]

First of all THANKS to CAGisFORME, patrikq1, Ell-en and gozmo.

 

UPDATE

Yesterday's first proceeding for emergency maintenance revealed that in just the last financial year, my fat cat ex made £250k!.....and he didnt even want to pay £1300/m to me! Stingy B******

 

THE REASON WHY HE TOOK THE UNUSUAL STEP DECIEVING HSBC INTO CLOSING OUR JOINT ACCOUNTS WITHOUT MY SIGNATURE :

 

To hide any trace that I ONLY had JOINT accounts with him during the 9 year marriage. ie to weaken future arguments I can make that we had in fact agreed that I was to be the one cleaning and making up the house while he 'built his empire'.

 

WARNING

Do not for one second think that a fat cat B****** banker does anything WITHOUT a carefully thought out intention to decieve.

 

OK, now smile.......and trudge on fighting big fat cat B****** bank/bankers

[ScarletPimpernel]

HSBC HAS informed me why they closed the account - my ex applied, they couldnt contact me, the sum was trivial AND credited to me, so they went ahead with it. ARE THEY JUSTIFIED?

 

I have just seen this thread, and find this paragraph most interesting. In my case, HSBC refused to close a joint account on which there was a nil balance when I asked them to in 2005, even though my former wife and I had separated in 1998, and she had gone to live abroad. HSBC told me that they could not close the account until I produce a decree absolute.

 

However, after I did a SAR and put in a claim for refund of charges, suddenly HSBC arbitrarily closed the account 'because it was dormant'.

 

I had an account in my own name, but they continue to address letters to both me and the ex. I have now asked them twice to stop doing this, and they just ignore it.

 

As far as their staff are concerned, again the SAR revealed an entry on their system that referred to a staff member making an error; an error which HSBC twice told me didn't happen. Moreover, they tried to make me pay for the consequences of the error.

 

All this, and the correspondence I have had with HSBC, leads me to believe that their policy is to make it up as they go along.