"Linked Financially" Legalities

[asdf54321]

Hello,

 

First of all, I have two Default notices marked as satisfied for the last 5 months after clearing them up after a year and a half after going into Default.

 

in May, I went into the Nationwide to get a new bank account, I applied for a debit card (so I could spend my own money over the net etc) and I only got offered a basic account until it's reviewd after 6 months depending on how I use. Fair enough then, I decided to to apply anywhere else incase that hindered my chances if I was knocked back for a decent bank account within those six months.

 

Since then I have got married to my lovely south american wife who's been living and working from my address for more then a year. The other day we went into to Alience and Leicester to open a new bank account for her. She has no bad credit history etc and has no history in the UK either because previously she was in Ireland with the AIB (Alied Irish Banks)

 

So into the A&L we went after the much hyped about new current account with 6% interest that Martin the Money Saving Expert is ranting about and she sat down with the lady.

 

Now as I said earlier I have two defaults in my record and have decided to remain NON financialy linked with her for the meantime. I feel that should be my choice and we want to keep our bank accounts seperate. My wife went into the meating knowing this and planning to stick to this. I'd also read on Experian aplication forms and my their members of staff that it isn't NECESSARY to financialy link yourself to your wife JUST BECAUSE OF THE FACT THAT YOU ARE MARRIED but only if you choose to TAKE OUT A JOINT ACCOUNT.

 

All this dodgy credit scoring, referencing malarky is all a bit complicated for the misses as she's allways wel behaved and not had to worry about that kind of thing so I can only try to explain to someone that's half interested so much about all this, but anyway.

 

In she went to Alience and Leicester, she has all the necessary requirements to open an account, various ID, Job etc etc.

 

BUT, since she told them she was married (does she have to do this by law) they then asked for my name too, saying that they might credit check me also. She told the bank the information that Experian gave us which was that:

a) banks or other lenders can't do searches on a party without their signed consent.

b) that they can only search a partners credit file if the agree to open an account together.

 

What the girl in the bank was telling us is that she needed my name all the same because I was her husband, she lived at the same address, and that if I was bankrupt then that would effect her score?

 

So what's the crack, is she right in saying or doing this? I didn't sign anything saying she could, maybe each banks policies differ?

I asked her for a leaflet breafly explaining Credit Scores etc (that they can hand out at HSBC and also at Halifax) but she said such a thing doesn't exist...anyone know if this is true or if there's anything in the Banking Code that says that banks should suply some basic leaflet/stationary explaining briefly their scoring procedure (i know they can't go into too much detail on HOW THEY COME TO THEIR SCORES IN DETAIL, i wasn't asking for that, just the basic leaflet that you can get no problem through HSBC (if they deny you credit) or Halifax (available to grab whilst standing in the que!)

 

All this comes down to realy is me trying to improve my credit score and my credit score not effecting my wife to go about her normal financial capacity without my past effecting her.

 

Any Bankers know the score? any help much apreciated. PS, I'll be donating 5% once / if I win my claim against BoS

[Andy999]

My understanding, having worked for two different banks, is that you cannot credit check someone without their specific consent. If A&L have credit checked you (you can get your report from Experian/Equifax to confirm this) then I believe they have broken some "rules" if not the law.