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Posted: Sat Mar 24, 2012 12:59 pm
by WASKE46
HELP. My brother is in the process of setting up an IVA. He has changed bank account from the Halifax to Santander. Unfortunatly his wages went into the Halifax
who have taken all his wage. Is this legal can they keep his wage and leave him with no cash.
Posted: Sat Mar 24, 2012 1:13 pm
by kallis3
Unfortunately, as he isn't yet in an IVA then they can take the money out of his account to.offset against their debt.
I would suggest he contacts them and explains things to them to see if they will refund the money.
Posted: Sat Mar 24, 2012 5:12 pm
by Broke of London
I agree with Jan that it sounds like they have used their right to set off. I think there were guidelines around not causing financial hardship when setting off debt but can't quite remember. You could try googling 'right to set off' and 'financial hardship' to see what comes up.
Posted: Sat Mar 24, 2012 5:42 pm
by Adam Davies
Hi
They can but they are obliged to release funds for essential living expenses. He needs to go into Halifax and plead hardship [rent/mortgage payment, food, travel costs for work etc]
Regards