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Who's Bank account is it?

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  • Who's Bank account is it?

    Hi All,

    I am looking for advice regarding the bank account of a Residents Management Company.

    We appointed new managing agents in July 2019 and they opened a new bank account to hold our Service Charge fund and our Reserve fund.

    The form that I signed as director of the RMC was a Non-Financial Intermediary Form NWB87986 (13/12/2016) where the managing agent was the Customer Name and the RMC was the Underlying Client Name. The RMC was registered as the third party entity whose money was being held in the account.

    Last year the managing agent was expelled by The Property Ombudsman and then stopped paying the bills. The leaseholders (owners) continued to pay their service charge into the account until March of this year.

    The bank is refusing to provide bank statements or any other details and has stated that the RMC is not a recognised customer.

    Any thoughts or ideas on how to proceed in recovering access to bank statements for our service charge bank account?

    Thank you.
    Tags: None

  • #2
    I have little knowledge of financial rules. It does appear to me that the bank have been lax in allowing money to be moved from a client account to another account without authorisation. Also RMC should have ensured safeguards were in place. However they are volunteers and I believe the bank had a duty to ensure everything was done correctly.
    I would send a formal complaint from RMC to the bank about management of the client account. I would include that unless it was responded to satisfactorily within 14 days it would be escalated to Area management.
    I hope more knowledgeable members can provide more authoritative advice.

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    • #3
      Having recommended this site to OP I'm disappointed by lack of response. I know all are volunteers not always having the time to spare.

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      • #4
        It may not just be that volunteers are not online as the cone on when they have free time to give to the forum, it may be a case of we genuinely do not have an answer with which to help the OP.

        The forum volunteers have a vast range of legal knowledge, which is amazing, but sometimes we do get questions we cannot answer.

        I am not saying this is one of them but just wanted make the OP aware this might be another reason there is no response.
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        • #5
          Thanks for your, as usual, courteous and clear response. You run a marvellous forum which is appreciated.

          Comment

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