Page 1 of 1

Posted: Mon Aug 08, 2011 12:26 am
by Claire.75
been in iva for 4 months now and changed my bank account as advised. in june wages went into new account - fab! new payroll office takes over in july and wages end up back in old account, got most back luckily by transfering it. now paid into old account again and no access to that account now due to iva. have informed iva company. my company are refusing to do anything about it, anyone got any advice??

Posted: Mon Aug 08, 2011 2:15 am
by mattyboy
This is awful and potentially problematic. The creditor is unlikely to release the funds from the old account. I had this issue but thankfully not or a whole months wages. I would have thought your company should recall the BACS payment as they have been negligent in paying into the wrong account. You really do need to try and get your company to contact their bank and get it recalled if possible. I would speak to your IP about this too, maybe they can help find a solution.

I really do feel for you, this is one of those stressful issues that's not easy to deal with.

Posted: Mon Aug 08, 2011 5:55 am
by luluj
Your company are at fault and have a duty of care to resolve the matter for you so that you are not penalised.... are your company aware of your IVA - if not you may have to explain to personal why the old account wasn't fully closed - good luck.

Posted: Mon Aug 08, 2011 9:21 am
by Broke of London
Please wait for an expert to confirm/correct me but I believe...once an iva has been agreed, the bank has no legal right to set off your debt. Therefore, if your salary was paid into your account after the date of acceptance then they have no legal right to keep your money. Or the other way, they have a legal obligation to return your money. If an expert can confirm this is the case, then a snotty letter to the banks' complaints department is in order (along with a claim for any costs you incur this month such as bank charges on your new account, late payment charges etc). Your IP may allow you to miss a payment this month and make it up when you get the salary back from the old bank. Good luck x

Posted: Mon Aug 08, 2011 9:32 am
by kallis3
I think you are right BOL. I would certainly speak to your IP and explain what has happened. Get in touch with the bank as well and tell them to release the money to you

Posted: Mon Aug 08, 2011 11:34 am
by Claire.75
thanks all, i have contacted my iva company who have faxed them a letter telling them to transfer it to the new account. they dont know how long it will take though. fingers crossed!!
have been into work and my office cant get through to payroll have been trying all day thurs and fri with no joy! luckily hubbie got overtime this month and after paying his half to iva he paid my payment also bless him!!

Posted: Mon Aug 08, 2011 11:49 am
by kallis3
Hopefully you can get your money soon. What a total mess!

Posted: Mon Aug 08, 2011 12:09 pm
by MrsKnight
Hi claire & welcome to the forum from me.

What a total nightmare! I agree with what BOL n Jan has said, I hope this gets sorted soon for u. Let us know how it all turns out x