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Question Details: My daughter and a second flat mate have left a flat (not on good terms). The two remaining flatmates removed my daughter's access to the joint flat account that all four contributed to and withdrew money from. They calculated what my daughter was owed but refused to show any calculations or provide bank statements. They have refused to discuss it with me. What rights or options does my daughter have to get access to the account to calculate whether what she was paid was correct?
Filed under Tenancy | 1323 View(s)
Community Law Wellington & Hutt Valley
It will depend on the bank's policies and whether the policies were followed when your daughter's authorisation was removed.
Banks have their own rules around the operation of joint accounts and what happens when an account holder's right to access the account is ended. The specific rules differ between banks. Often a bank will close or suspend a joint account when one account holder requests it or advises of a dispute. This is designed to protect all account holders from incurring liability (debt) as a result of other account holders' actions.
Your daughter should be able to find out the rules relating to the flat account by contacting the relevant bank. The bank may or may not be able to give her information about transactions and balances, depending on the bank's privacy policy. She should check that the bank's policies have been followed properly. If she has any concerns she should ask the bank which independent dispute resolution service they use, and your daughter can talk to that service.
Your daughter may want to make a claim against her former flatmates in the Disputes Tribunal for any money she believes she is still owed. Evidence that one party wishes to rely on is shared with the other party, so your daughter will get to see a copy of any documents her former flatmates wish to rely on. You can find out more about the Disputes Tribunal here: www.communitylaw.org.nz.
Answered 11 Apr 2013. The IMPORTANT NOTICE below is part of this answer.
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