Name changes

[EmperorNoodle]

Hi there,

I have been a lurker for quite a while but finally decided to join the LegalBeagles Community .

So, I have a question about name changes. A friend of mine (honest!) has changed his name nearly a decade ago and still holds one bank account with his old name. He recently defaulted on a loan and the lender tried to seize money from his current bank account with a third party debt order, however they were unsuccessful as he keeps some of his money in his old account. I'm just wondering how safe is the money in his old bank account? When you factor in the name change, how would the lender be able to link his old name to his current self? Would the lender need to apply for a copy of the deed poll to prove that the name change occurred?

Anyways, sorry for bombarding you with all these questions!

Thanks in advance

[advitiello]

Re: Name changes

I have changed my name in the past using a Deed Poll as proof of a name change. I got the deed poll from this site http://freedeedpoll.co.uk/ and asked a priest to witness my signature. This is an unenrolled deed poll.

I have also recovered money from my former Landlord using a Third Party Debt Order in the County Courts. So I know a bit about this.

Although it is possible to "enroll" a Deed Poll at the Royal Courts of Justice https://www.gov.uk/change-name-deed-...dult-deed-poll there is no statutory requirement to do so, and this information was only added to gov.uk a few years ago. Contrary to popular belief there is no "official" way to change one's name under English law (although a common belief is one has to visit a solicitor).

I would imagine the onus would be on the leader (the creditor) to prove to the bank where the account in your friend's old name is held that your friend is the one and same person named on the Third Party Debt order. The bank may accept proof from the creditor (lender) (such as a copy of a Deed Poll or an affidavit) that the two names are one and the same person. The bank may, however form the opinion that it is up to the Court to amend the Third Party Debt order (to possibly show both names).

Depending on how your friend changed his name (if Deed Poll - was it enrolled) it may be easier or more difficult for the lender to prove the connection. This is a question you should probably ask your friend. If it was an unenrolled Deed Poll done at a Solicitor's office, then client confidentiality and the Data Protection Act would apply. For the lender (the creditor) to get proof of change of name may be like trying to find a needle in a hay stack.

Assuming that the lender was able to get hold of proof of the name change, and the bank refused to accept the proof, I am not an expert on this but I imagine the lender may be able to apply to the court with this proof to ammend / make a new Third Party Debt order with perhaps old and new names stated on the order.