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Joint bank account help.

(9 Posts)
fuckwittery Wed 20-Feb-13 08:53:53

He'd have to show his payments in but this would be a nightmare of a court case to do yourself. Is there no mutual friend or family member who can appeal to any morals this man might have - such a shitty thing to do.

CogitoErgoSometimes Tue 19-Feb-13 07:12:43

I don't think your friend is going to get anywhere. If there was no requirement for joint signatures to access the cash it was as much his money as your friends'. They can get legal advice by all means but I think they will draw a blank.

TheChaoGoesMu Mon 18-Feb-13 22:07:50

You friend would have to disprove the assumption by showing he had an equitable interest in an amount in the joint account by way of showing what he put in to the court, it would be fairly detailed info needed.

It's finding ways to prove that I agree, and it worries me a bit. If he could prove that their joint bills had come out of the account, and then suddenly the account had been emptied, would this not go a little way towards making the judge think there's something wrong with this situation?

fuckwittery Mon 18-Feb-13 21:52:12

And so yes, correct that neither the police nor the bank can do anything. They can usually freeze a joint account that is in dispute on the say of either joint account holder but that doesn't help after the money has been removed.

fuckwittery Mon 18-Feb-13 21:51:25

By law money in a joint account belongs equally to both the owners, i.e. either party can withdraw the whole amount. It doesn't automatically equal 50:50. You friend would have to disprove the assumption by showing he had an equitable interest in an amount in the joint account by way of showing what he put in to the court, it would be fairly detailed info needed.

amothersplaceisinthewrong Mon 18-Feb-13 21:45:20

If it is an either or to sign I dont' think the bank can do anything.

TheChaoGoesMu Mon 18-Feb-13 21:41:46

I think I am going to help said friend write a letter threatening court action and see what happens. Presumably he could try and claim through the small claims court for a set fee. I don't think the police would be interested and would regard it as a civil matter.
Will tell him to get back onto the bank and see if they will freeze the account.
Thanks for replying.

Alad Mon 18-Feb-13 19:47:55

If its a joint account either can take the money out. If a crime has been committed (theft?) then report to police and bank should freeze. As regards recouping - may not be worth the legal costs. Good luck.

TheChaoGoesMu Mon 18-Feb-13 19:21:16

Back story:
A family friend was living with his step son in a rented property. The lease was in friends name only, step son has lived there for many years, since he was a child.
Friend and his step son opened a joint bank account to pay for rent, bills and any other expenses. They had £5000 between them.
Today friend has got home from work and found step son has moved out and taken all his things. Friend had no idea he was going to do this, although he has obtained step sons new address from mutual friends.
More importantly, step son has taken all the money from joint account and had it transferred to his own personal account.
Friend has rang the bank, but they can do nothing. They will not freeze the account or do anything to help.
Is there anything my friend can do? Is there any way of him recouping his share of the money back from step son, or is that it? I was wondering whether he would have any luck in the small claims court or whether he will just have to write this off and learn from harsh experience?

 

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