Payment break agreed but payment gone out

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elizabethr

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Post by elizabethr » Sat May 02, 2009 5:38 pm
Absolutely mentally and physically exhausted and this has just about finished me off. Posted last week about husband being ill and struggling and then requested payment break. Payment break granted for this month (May) and felt relieved as could just about manage. Absolutely mortified to find the payment went out on the 1st as usually and am now in serious difficulty.
Elizabeth
 
 

kallis3

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Post by kallis3 » Sat May 02, 2009 5:41 pm
Elizabeth - that's not good news. Perhaps you cancelled the payment to late to stop it.

Get on to your IP on Tuesday and ask that they refund the money.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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LoneRanger

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Post by LoneRanger » Sat May 02, 2009 6:27 pm
Did you actually cancel the SO? You control these payments, not like a direct debit where a company requests the payment from your bank.

Hope you can get this sorted
Steve.

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elizabethr

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Post by elizabethr » Sat May 02, 2009 7:18 pm
As far as I am aware you can't cancel standing order's - it has to be the company that collects it that cancels it. The payee can only control direct debits. I do my banking on line and it clearly shows I can cancel direct debits but does not give me the facility to cancel standing orders.
Elizabeth
 
 

kallis3

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Post by kallis3 » Sat May 02, 2009 7:37 pm
If it is a Standing Order then you can cancel that. We have SO's for ours, and I can cancel or skip our monthly payment.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Julie

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Post by Julie » Sat May 02, 2009 7:46 pm
How frustrating for you Elizabeth, you really don't need this.

I can cancel SO's online,but maybe different banks have different rules.

I'm sure your IP will arrange for the payment to be reversed ASAP. Can you email them so they pick up the message then follow up with a phonecall?

I hope it gets sorted for you quickly xx
 
 

LoneRanger

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Post by LoneRanger » Sat May 02, 2009 10:29 pm
You can cancel direct debits and Standing orders.
You cant control the amount in a direct debit as this is requested by the company. You have complete control over standing orders and when you were given the payment break it would have been up to you to stop the payment.
Your IP compnay would not have had control over this, hence the reason the payment went out.
Steve.

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elizabethr

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Post by elizabethr » Sat May 02, 2009 10:45 pm
Yes - I have looked again and although I thought I couldn't control the standing order I see now that I can!!. I have emailed and will phone on Tuesday to see what I can do. It never rains but it pours - thanks everyone for support.
Elizabeth
 
 

kallis3

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Post by kallis3 » Sat May 02, 2009 10:54 pm
I hope you manage to get the payment refunded Elizabeth.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Sun May 03, 2009 12:00 am
You have that round the wrong way Elizabeth - you can control standing orders and direct debits by merely instructing your bank - this is your ultimate responsibility, as your IP has absolutely no control over your standing order instructipms.

If a payment has been made to your IVA bank account incorrectly, after you have instructed the bank not to pay it, then you have a right of action agsinst the bank and not your IP, who will not be able to refund it sorry.
Regards, Melanie Giles, Insolvency Practitioner
 
 

elizabethr

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Post by elizabethr » Sun May 03, 2009 1:08 pm
Thanks for that Melanie - no its my fault as I thought I could only change direct debits not standing orders. I will email IP office on Tuesday and will just have to request payment break for the next one instead of this one and see if I can get help elsewhere for the rest of the month.
Elizabeth
 
 

David Mond

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Post by David Mond » Sun May 03, 2009 4:28 pm
Or Elizabethr - ask them to repay you. Good luck.
x
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
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