Please note that the New Zealand Banking Ombudsman may only consider complaints about banks that are members of the New Zealand Banking Ombudsman scheme.



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Joint account (husband and wife) - failure to act on wife’s request to remove name from account - account overdrawn and debt listed without her knowledge - speedy resolution once bank’s complaints department involved

Some years ago, Mrs C had a joint bank account with her former husband. When they separated in 2004, the bank told Mrs C that her husband wanted her name removed from the joint account. Mrs C was happy with this, as she had a protection order against her husband and did not want anything more to do with him. Mrs C wrote to the bank and asked it to take her name off the account. She had nothing more to do with the account.

Early in 2008 Mrs C discovered that:
• her name was still on the account
• the account was overdrawn and the debt was with a collection agency.

To make matters worse, the collection agency was calling Mrs C to demand that she pay the debt, as it had not been able to contact her former husband.

She found the situation very stressful, especially as she was having treatment for cancer at the same time.

In March 2008, Mrs C contacted my office with an urgent complaint.

Mrs C said she had complained to the bank, but had been told by the branch that the account remained in the joint names of her and her former husband and that she was therefore liable for the debt.

My office contacted the bank’s complaints department. After a quick investigation, the bank advised that it was going to:

• remove the listing against Mrs C’s name at the credit reference agency
• advise Mrs C that she would not be liable for payment of the debt.

The bank’s prompt action resulted in a satisfied customer and a quick settlement of the complaint.




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