Can the bank do this?

[justsam]

Hallo
i have been doing my iva now for 3 years and things are going well, my overdrawn bank account came into the iva. my son's wages got paid into this bank account due to system error, the account wasn't deleted. The wages department tried to recall the money but the bank have basically sad no way are you getting it back you owe us it anyway. Can the bank do this? as it really wasn't my money it was my son's (he is only 16 never had his own account was using mine till he sorted his out, oh and work for the same company.) any advice would be greatly recieved thankyou..

[ray_a]

I think you have a very good point and I suggest that you write to the Bank , enclosing copies of the payslip and showing that he is a different person and was paid into the account by error.

I think there will be an enormous outcry if the bank do not change their stance.

However in saying that the account should have been closed and you should open another account including your son.

Keep us abreast.

[Adam Davies]

Hi
If your account was part of the IVA then any money going into it post IVA should be retuned,no question.
I had a similar problem and had to write to the Financial Ombudsman to get a speedy result.
I suggest a formal letter to the bank threatening a complaint to the FO if you do not get a reply within 14 days,then actually lodge a complaint with the FO.
It costs nothing and I think that you will be surprised at the response.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[ray_a]

Good point Andy but I would prove to the bank that it was his Son's and not his!

Certainly a complaint would be advisable!

[sonyse2t5]

The account should have closed automatically as it was under the IVA. Any money paid into it should bounce back to the payer or the company.

It appears it is stil active..?? That's Bank error.

[Maz]

That bank account should have closed as soon as your IVA became active. The bank have made a big mistake here and if that's the case you should certainly get that money back.

[Adam Davies]

Hi
It doesn,t matter if it was yours or your sons it should be returned.
regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[MelanieGiles]

I am sure that the bank will return this money if you threaten them with the Financial Ombudsman. There is absolutely no reason for them to withold this money from your son, and the wage slip is perfectly adequate evidence.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[johnpaul]

thats nasty and i would not like to wish that on anybody is it poss for your son to get a new bank account because of this

JOHNPAUL