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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I changed my surname in 1991 and have used it since. My mortgage,

Resolved Question:

I changed my surname in 1991 and have used it since. My mortgage, credit cards, payskips, previous passport, previous driving licence, bank accounts etc are all under my new surname.
I have applied for a new phoyocard driving licence and they are refusing to use the surname I have used for the past 23 years. They will only issue it under my birth certificate surname. I have provided them with a birth certificate, degree certificate and my most recent CRB check showing my previous and present surname to no effect. They have offered to send me a photocard driving licence under my previous surname but this is pointless as the surname is ***** ***** my surname so cannot be used for identity purposes. What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

Did you change your name by Deed Poll?

Customer:

No

tdlawyer :

OKay. Then I think this is probably what it is - they like pieces of paper in place to confirm changes etc.

tdlawyer :

What you could do though is change it now formally via Deed Poll, which is a simple thing to do.

tdlawyer :

You would just need to confirm that you have been using the new surname for the time you have, and that from now on, you only want to be known by your name name.

tdlawyer :

That should satisfy DVLA.

tdlawyer :

I appreciate, given you have everything else in your old name, you shouldn't need to do this - but sadly we live in a world where people don't think for themselves too much now and have checklists to follow.

Customer:

I have just done this but I cannot understand how, when I have provided them with numerous documents to support evidence of my previous and present surname, they wish to issue the card with a name which does not act as evidence of my identity. Even my CRB check supported the fact that my surname changed in 1991. Are they legally able to refuse to issue this with my present surname. It will be needed to support a mortgage application and the surnames will be different.

tdlawyer :

They shouldn't refuse is they have evidence that your identity is valid given your other documents, but you have little option other than appealing them internally or applying to the Court for judicial review (and you don't want to have to do this!).

tdlawyer :

But I agree with you - like I said, it's often a case of "computer says no".

tdlawyer :

You could go through their internal appeals process - make a complaint and it will be reviewed by somebody else.

Customer:

Okay. Thanks for your help.

tdlawyer :

Sorry I can't offer you an easier way to sort this.

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