complaint about outstanding debt

[gabbyevs]

sorry if this is in the wrong place bit of a long story:-

my husband and i got an iva approve din dec 09-everything was going fine and rightup until last month when our last payment was due we had a phonecall stating that-santander had just come back with a statment that we used our account with them after our iva was set up

for five years it has stated on our annual reports that evidence is requred for the amount santander have for us-ive asked several times what this meant over the years to be told dont worry about it

so when i said that last month to my iva company, they said well theyve just come back to us and u used your account after the iva was set up so you owe them back this money we wont cover it

i was astounded and have asked several times for a copy of this statment including again today which theyve said they had no request for it-which is a lie

i am still questioning how i used a current account which i closed after i set up a new account with natwest as advised by my practioner so they couldnt take my money

ive made a complaint which has been ignored a month ago so have made another complaint today but i dont hold out much hope as it looks like theyve wiped their hands of it saying i owe santander and theres nothing they can do


my questions are

should it have taken 5 years to get evidence of the balance that was owed

is it my fault for not sorting it out sooner

can i get any comeback for the delay from my practitioner?

thanks in adavance

[Michael Peoples]

This should not have taken five years and you are entitled to complain. If you did use the account post IVA then the IP should have looked to terminate it and even issue bankruptcy proceedings against you as this is a serious breach. If they did not issue a notice of breach then it does not look good for them.

You have tried the internal complaints procedure so now perhaps the 'Gateway' may be the place to go. You could send one more letter and register it advising you will be going to the regulators unless this is sorted out quickly.

[Foggy]

I would also advise a formal complaint to the regulatory body via the gateway:

https://www.gov.uk/complain-about-insol ... actitioner

Also request copies of statements etc from Santander which show this account was used.

[Lisa Thomas]

I agree with Michael and Foggy. Something does not sound right here. Also ask the Bank for evidence in the meantime and challenge with the Bank if you do not believe you have used the account.

[lifenoteasy]

There will be a difference between a standing order/direct debit that was not cancelled and continued usage.

[gabbyevs]

thankyou all for youre replies

i have not made a complaint in writing so far only over the telephone but i honestly dont trust this has even been logged

when i complain in writing do i address it to the IP personally?

michael like i said theyve jsut said i used it after the iva was set up and only just got this informaiton last month but have accepted it as evidence

it was a current acocutn with an overdraft and as i transferred all dd's over to my new account and wages i dont even know how there was anything left to spend

if i dont ever get a atatement i will ask santander

[Lisa Thomas]

You can mark it for the IPs attention but it may not be him/her that deals with it. I would send it in writing ask for full details and evidence of their allegations and put that you will be making a formal complaint to the Insolvency service if you do not receive a satisfactory written response. Send via email and post via recorded delivery as belt and braces job.

[Michael Peoples]

Each practice must have their own complaints procedure and it should be easily found on their website. You certainly have grounds to complain.

It is possible that the debt to Santander grew because they continued to repay their own loan but without a statement this is only speculation. You should be able to get this resolved because as far as I can see you have done nothing wrong.

[gabbyevs]

thanks both- ive looked on the website it just says please write to us with your complaint

i shall have to adress it to him and see what happens

[gabbyevs]

well surpise surprise guess what turned up today the statment-there are a couple of direct debits that went out after the iva started so i will have to accept them-but what im more concnered about is hundreds of pounds of interest and charges for unauthrsed od

i just phoned again to be told well we're not covering them and once the iva is completed theyll just keep accruing

theyve registered my complaint about why it has taken five years to get me this statment and charges but says it will take a few weeks to investigate

do i wait for the outcome or phone santander and try and sort it out with them?

[Foggy]

I would still try to sort it out with Santander as the IP has, rightly or wrongly, put that particular ball back in your court.

One question I would ask Santander is why they didn't contact you to advise you through your IP. It is unreasonable to expect someone to pay a debt of which they are unaware and even more so to charge interest.

[Lisa Thomas]

Santander knew about the IVA - I can't see how they allowed this to continue for 5 years. I would challenge with the Bank and tell your IP you have made a complaint to the Bank. Personally I would still complaint to the IP firm for the way they have handled this query with you but you may decide it's not worth the time and effort.

[gabbyevs]

the woman at the insolvency company seemed to think santander never contacted me as they might have thought it was covered under the iva-mayb they were given the wrong start date who knows

but yes i shall be phoning them aswell-not getting my hopes up though

[Lisa Thomas]

Good luck.

[gabbyevs]

thanks very much to everyone who posted with advice much appreciated

thankyou lisa will update when i get somewhere