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Banking, name changes - anyone know the legal side?

(21 Posts)
JeanneDeMontbaston Thu 11-Feb-16 12:43:27

I know this subject has come up before, and the legal issues are quite specific, but thought I'd see if anyone else could help.

I got married in 2010. Didn't change my name, but 'helpful' family members wrote cheques to Mrs MarriedName. At the time, I found that Halifax was happy to let me open a current account as Mrs MarriedName to pay these in, providing I showed them my marriage certificate. They were fine with the fact I already had another account with them as Ms MaidenName.

A while ago, they automatically switched the other account from Ms MaidenName to Mrs Married Name. Problem is, I never use that name, and am now separated. But, I really need it in my legal name so I can use a statement from it as proof I've enough capital to rent.

Halifax's team claim that I cannot, and never could, open account not in my legal name, the name with which I signed my marriage certificate. They claim this is due to 'Deed Poll regulations'. By my reading, you do not need a deed poll to change your name on marriage or to use your husband's name.

And this piece in the Guardian indicates that it's perfectly ok to have accounts in two names: www.theguardian.com/money/2015/may/16/santander-name-change-woman-maiden-married-names

Any help forthcoming? I wonder if the Halifax support team are plain wrong, but would like some evidence to come back to them with.

OublietteBravo Thu 11-Feb-16 13:03:52

I'm afraid I can't help, although I do sympathise. In my experience Halifax are a bit useless with the data they hold.

Both my DC have DH's surname (I kept my name). They each have a Halifax account. I don't (and never have had).

We moved house 3 years ago, so changed the address associated with the DC's accounts. Ever since Halifax keep sending mail to our house addresses to Mr D Myname. I've no idea who this is (none of my family bank with Halifax, and none of us have this initial).

Despite taking this errant mail in to my local branch on several occasions and lots of promises to 'look into it', it continues to arrive.

Plus apparently they can't tell me anything about the situation and how they propose to resolve it due to 'data protection'

So, as I said - not helpful (but at least I've bumped the thread for you).

JeanneDeMontbaston Thu 11-Feb-16 13:06:33

Thanks oub.

And how bloody frustrating for you.

To add confusion, I've now hunted out the 'deed poll regulations' cited by Halifax and found (surprise, surprise) that they say no such thing as what their agent claimed. So back to ask again and hope I get someone else ...

Honestly, though, how can it be acceptable for someone in a position of authority, such as a bank, to tell you flat out that something is the legal situation when it is not? confused

mangocoveredlamb Thu 11-Feb-16 13:07:38

I have accounts in both my maiden and married names for ease. But they are with different banks.
As far as I know (I looked into this about 4 years ago) you are perfectly entitled to use both.
What name is in your passport? Can you open a new account elsewhere?

JeanneDeMontbaston Thu 11-Feb-16 13:11:24

No, I need that account - it's the one with the money in it!

And it's not the same name as my passport.

But yes, it is perfectly legal to use both - just I wish I didn't have to keep justifying it to banks.

GreenTomatoJam Thu 11-Feb-16 13:14:41

Play them at their own game? Print off a deed poll (you can just google the words) and change the name back?

NormaStanleyFletcher Thu 11-Feb-16 13:40:29

Contact this lot and see if they can help?

www.bbc.co.uk/programmes/b006qjnv

NormaStanleyFletcher Thu 11-Feb-16 13:41:55

Contact

ssl.bbc.co.uk/programmes/b006qjnv/contact

LizKeen Thu 11-Feb-16 14:27:20

Halifax's team claim that I cannot, and never could, open account not in my legal name, the name with which I signed my marriage certificate.

You sign your marriage cert with your maiden name, so that statement is incorrect to start.

thatstoast Thu 11-Feb-16 14:36:12

Legally it's fine. The banks don't care. They may be an internal policy of allowing one name on multiple accounts. They want you to have one name as this is simple. If pushed, they will tell you it should be your husband's name because of patriarchy. I used to work for Lloyds group. Unfortunately the person you spoke to probably has an idiot manager telling them it's illegal for women not to change their name when the get married and all other kinds of crap. To resolve, change banks. Ask for any cheques to be reissued in the future.

Hovis2001 Thu 11-Feb-16 14:50:36

There's no such thing as "deed poll regulations". hmm They might be referring to the fact that the text of a deed poll says you renounce your old name but, as you rightly say, you've never used a deed poll, so it's a load of rubbish!

MatildaBeetham Thu 11-Feb-16 18:45:45

Message withdrawn at poster's request.

DrSeussRevived Thu 11-Feb-16 18:49:47

Can you open an account otherwhere and transfer in the Halifax money? Or show past bank statements and a copy of your marriage certificate to the person making the cheque?

Then kick up a stink once you've got your rent issue secured.

<first libfem then radfem solution wink>

LassWiTheDelicateAir Thu 11-Feb-16 23:38:52

A while ago, they automatically switched the other account from Ms MaidenName to Mrs Married Name

They are talking bollocks about deed poll regulations and how you couldn't have opened an account.

So far as the above I would be demanding and explanation of how and why they interfered with my account by changing the name on it without my requesting it or agreeing.

sashh Fri 12-Feb-16 06:20:14

They are wrong.

There are no deed poll regulations, I did my own deed poll. And your legal name is whatever you call yourself as long as it is not for fraud.

Actually that might be an option - do your own deed poll - takes 10 mins, take it in and get them to change.

Or take your account elsewhere.

JeanneDeMontbaston Fri 12-Feb-16 11:34:49

Thanks all.

Sigh.

I didn't really get anywhere, although they did finally admit that the first woman was making shit up when she talked about 'deed poll regulations' and the name I'd signed my certificate in. But they wouldn't change the name back, and want me to send in proof of ID. Which would mean me paying recorded delivery and waiting around for it, when the mistake was theirs and done automatically. Argh!

Still, it was very useful to have some support on here! Thank you.

MeadowHay Tue 16-Feb-16 18:24:27

Hi, why do you have to send in proof of ID, can you not print off the deed poll form, fill it out, you need two people to co-sign it, then take that into the bank with your passport as ID and get in changed there and then? This is how me and my husband both changed our names with all the banks and agencies I had to after I got married (because I was double-barrelling my surname and not just taking my husband's). They should be able to do it on the spot. I know it is a little bit of a faff but it's only a short form and anyone can co-sign it for you, I got two of the neighbours' to do ours.

JeanneDeMontbaston Tue 16-Feb-16 18:42:41

confused

I don't want to change my name by deed poll. And I don't see why on earth I should! It's absurd - it's my legal name, and always has been.

MummaB123 Tue 16-Feb-16 18:47:28

Halifax?! God knows! I changed my name with them when I got married 6 years ago, and still receive documentation in my maiden name. I have spoken to them 3 times and been told they've spotted the mistake and it's sorted, but clearly it hasn't been! I've given up now. My bank card and online banking is in my married name. I can't really fathom them!

NotCitrus Tue 16-Feb-16 18:53:54

Make a complaint and bill them £30 for each subsequent letter you have to write as a result of their incompetence?
Tends to get your issue passed up the line to someone with a brain cell and/or authority to deal with 'Computer says no so we are now justifying it somehow'.

LassWiTheDelicateAir Wed 17-Feb-16 00:03:38

A while ago, they automatically switched the other account from Ms MaidenName to Mrs Married Name

I still think you should demand an explanation of why they made unauthorised alterations to your account. Say that if you do not get an explanation and the account put back the way it was you will refer the matter to the banking ombudsman.

It doesn't seem right from a data management point of view that they can unilaterally change the name on an account.

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