Editor's Blog12 mins ago
Allegation of Cheque given by Credit Union?
4 Answers
in divorce hearing, former husband alleged that his credit union savings account was closed by me without his consent or knowledge. I denied this and when asked to submit evidence, the credit union sent him a letter stating that "I had collected cheque 2 years ago from former treasurer (now demised); cheque was written in husband's name as well as the withdrawal slip. I've denied going there to collect cheque and confirmed joint bank statements had no cheque. I believe former husband asked someone else to collect the cheque and he has placed it into his personal account. I'm not after the money, but I wish to clear my name - so I therefore wrote to the credit union denying that I had collected his cheque; asked them to confirm whether the cheque was cashed or uncashed; date it was cashed and bank or building society cheque was paid into? They've refused to acknowedge both leters or even to answer my query. Can someone please tell me where I stand on this? Thanks
Answers
Best Answer
No best answer has yet been selected by nella pinder. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.If the account was in your ex-husband's sole name I assume the credit union is relying on data protection legislation to refuse to provide you with any information.
Why did your ex wait 2 years before raising this, or is he saying he hadn't checked the acount, was surprised to find it empty and then got the information from the credit union?
What makes the credit union think it was you - rather than someone else - who took the cheque? (But they won't tell you that - data protection of course!)
Are credit union cheques crossed "a/c payee only"? They almost certainly are, in which case - as it was not paid into the joint account - you could not have cashed it.
If you want to pursue this (& I can understand why you do) I think you will need to ask the solicitor acting for you in the divorce what can be done to get information from the credit union. Probably the only way would be if the Court was willing to order the union to provide the details to the Court, but I am not at all sure about this.
Why did your ex wait 2 years before raising this, or is he saying he hadn't checked the acount, was surprised to find it empty and then got the information from the credit union?
What makes the credit union think it was you - rather than someone else - who took the cheque? (But they won't tell you that - data protection of course!)
Are credit union cheques crossed "a/c payee only"? They almost certainly are, in which case - as it was not paid into the joint account - you could not have cashed it.
If you want to pursue this (& I can understand why you do) I think you will need to ask the solicitor acting for you in the divorce what can be done to get information from the credit union. Probably the only way would be if the Court was willing to order the union to provide the details to the Court, but I am not at all sure about this.
Thanks for this. However, it seems that I would have to get a solicitor to write to them, because I wanted to avoid the costs. However, from correspondence in my possession, the credit union did write to my former husband and offered to send him a copy of the cheque - but he refused to accept a copy. The reason why it was brought up in court 2 years later was because we got divorced 2 years later and during the financial settlement hearing I asked about his credit union savings account (which he had failed to disclose) and that's when he stated that the account was closed by me without his consent knowledge! which I flatly denied. The reason why they've said that it was given to me was because in the past I was also a member and used to deposit money in his savings book on his behalf at the same time when I did mine. However, I had closed my account a year before his and I knew they were lying! My point is if he didn't receive the money, then who did (and definitely not me!) and if not, why are they refusing to say whether it was cashed or uncashed? I hope this helps. Clearing my name matters to me, because I went to join another credit union and this was against me joining on record e.g. I had collected another member's cheque in the past and it was not given to them!!!
Thanks
Thanks