Welcome to the forum Pat.

I'm afraid I don't totally understand your question.

I think you're referring to a joint account held with your husband perhaps?

Could you clarify this a bit more for us please?

The joint account into which the refund was made was held jointly with my husband. My husband had no connection with the trust deed or the debts covered by it. The refund was due to the type of account we had before the trust deed was set up by me. We administered our personal debts separately. Is it legal for my husband's share of the refund to be withheld from him by my trust deed?

Thanks Pat.

I'm afraid we cannot offer legal advice.

However we've commonly heard of trustees going 50:50 in these types of circumstances. Instinctively that feels fair in my view.

Am I right in thinking that the account wasn't overdrawn, so there is no debt to set off against these funds that have been received? If so, then I would agree that a 50-50 split is what I would expect to happen.

Did you have ay other debt with this bank?

Hi PATHAR65,

Like Kevin has advised if it's a joint account then your husband should be entitled to 50% of the funds. This could depend on previous debt with the bank etc.

I would speak with your Trustee and also the bank about this and point out it's a joint account.

Let us know how you get on.

I would have thought that the joint account had little to do with the entitlement as this relates only to where the payment ended up. The key factor would be Premium bank card you mentioned. If this card was joint, then you would be entitled to 50%. If it was in your name, then the Trustee will be entitled to the full amount.

Mark

I had thought it was a premium bank account being referred to, but reading it back I could have misinterpreted this. Can you clarify, Pathar65 - is the refund in respect of a credit card or a bank account?

The refund was due to the type of bank card we had which related to benefits like "meet and greet at airport", etc, none of which we ever used as my husband is badly disabled and can only travel by car.
I did have an outstanding balance on credit card with the bank which was included in Trust Deed. My husband had a personal loan which he continued to pay until cleared a full year sfter I had started the TD
so although I could not access the account my husband obviously could as they accepted his monthly pension by bank transfer and paid his personal loan from the account, demonstrating that they treated us individually. The bank account itself was not in arrears.

Hi PATHAR65.

When you say "bank card" could you confirm exactly what it was please? What was it connected to? For example:

1 - A debit card attached to a joint bank account.
2 - A debit card attached to a bank account in your name only.
3 - A credit card in your name only.

It was a current account with a package attached. These packages were charged monthly and are now being included in refunds

Thanks Pat.

And this account was (at the time the charges were levied) a joint account?

Did it cease to be a joint account?

If so, when did that happen?

We were never advised that it had ceased to be a joint bank account but access was frozen to me although my husband still had his monthly pension paid into it and his personal loan payments made from it. I followed up the suggestions of David, Kevin and Mark and rang the bank which holds the refund in a frozen account. They have not allowed the recovery agents to access the money as yet although one obnoxious member of the recovery agency staff had assured me that he would be able to get access to it> The bank adviser I spoke to agreed that 50% of the refund belonged to my husband and could not be paid out without his permission.
It was agreed that I should ask the recovery team to request a release of 50% of the refund to them. The agent I spoke to this time said this was not a new situation and she had dealt with similar cases before.The
remaining balance will remain in my husband's name in the bank account.
We will be satisfied with this outcome and will keep you informed on completion. Thank you for your guidance on this matter