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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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ENGLISH LAW JOINT AND SEVERAL BANK ACCOUNT WHERE NOTICE OF

Customer Question

ENGLISH LAW JOINT AND SEVERAL BANK ACCOUNT WHERE NOTICE OF DISPUTE HAS BEEN GIVEN, IS IT NECESSARY PARTIES TO AGRE WITH A VARIATION IN TERMS?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know whether their terms and conditions allow them to take instructions from just one person?
JACUSTOMER-1v2iy0j1- :

THE MANDATE AT INCEPTION WAS EITHER TO SIGN, BUT SURELY NOT AFTER NOTICE OF DISPUTE HAS BEEN ACKNOWLEDGED IN WRITING BY THE BANK

Alex Watts : Ok. You need to check the terms and conditions of the account.
Alex Watts : If it says that a single instruction can be accepted then sadly it can. If not then you have a case.
Alex Watts : Either way you should write and set out a formal complaint which will be investigated. They will provide you with a final response.
Alex Watts : Once you have that then you can complain to the ombudsman
Alex Watts : They offer a free, independent service and can examine your complaint . Their website is www.financial-ombudsman,org.uk
Alex Watts : That should resolve the issue either way . But the starting point is the terms and formal complaint to the bank
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-1v2iy0j1- :

I DO NOT UNDERSTAND YOUR RESPONSE. ARE YOU SAYING THAT THE BANK CAN ACT ON THE INSTRUCTIONS OF ONE PARTY WHEN NOTICE OF DIPUTE HAS BEEN GIVEN. A CONSENT ORDER IS IN PLACE. FROM THE MORTGAGE OFFER I DO NOT SEE THIS PARTICULAR POINT IS COVERED. JUST THE NORMAL J& S CLAUSE. I AM IN CORRESPONDENCE WITH THE FOS WHO DO NOT APPEAR TO UNDERSTAND THE QUESTION.

Alex Watts : If the terms and conditions allow this yes.
Alex Watts : You need to raise a formal written complaint with the bank and then the Ombudsman once you have a final response back.
Alex Watts : Does that clairfy?
JACUSTOMER-1v2iy0j1- :

NO,THE BANK HAS IN WRITING STATED THAT ANY VARIATION WILL REGUIRE CONSENT OF BOTH PARTIES. THE QUESTION SURELY HINGES ON WHETHER OR NOT THE BANK CAN ACCEPT INSTRUCTIONS REGARDING TERMS OF THE NEW RATE FROM ONE PARTY.THIS IS A REAL SITUATION WITH THE FOS IN THRALL TO BARCLAYS BECAUSE THEY SHOULD KNOW THE BANKING PRACTICE. I BELIEVE THAT SHELDON HAD A DIFFERENT VIEW. I APPRECIATE THAT IN THIS MODRN WORLD I COULD HAVE IT WRONG.

Alex Watts :

Ok, then in that case no, they cant do this.

Alex Watts :

If they write and say that they need instructions to new rate from TWO people then they do

Alex Watts :

They can NOT just accept it from one person

Alex Watts :

As you say the bank have accepted this

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-1v2iy0j1- :

I WILL LET YOU KNOW THE OUTCOME IN DUE COURSE.

Alex Watts :

Thank you. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-1v2iy0j1- :

IS IT POSSIBLE DISCUSSION TO BE SENT TO *****@******.*** BECAUSE I AM UNABLE TO PRINT OUT THE ANSWER

Alex Watts :

Yes, once you rate the format changes so you can print out the answer or save it

Ash and other Law Specialists are ready to help you