im just about to start an IVA, the first payment is next week, unfortunately last month my employer paid my salary into my old bank account ( barclays ) by mistake . ive been trying for a month to get the money back but barclays now say they are keepnig the money ( £1,600 ) against the debt that i owe them . is this legal? as we already have an agreement to repay the debt through the IVA? id appreciate any advice you can give as to how and if I can get the money back, i was thinking of writing to the ombudsman
Had the IVA been agreed before the money went in?? If not you will they are within there rights to keep it. You could always claim financial hardship and they may relent.
It would probably be worth a trip in to your branch and see the manager
I agree with Ray, if you had not entered your IVA then Barclays are within their rghts to keep the money.
If you had entered the IVA then they can't do it.
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
yes IVA was agreed 7 July, account was officially closed 15 July and the money was accidentally piad in 23 july. it should have just bounced back as it was a closed account but it didnt. i went to see bank manager and have gone thru the barclays complaint process who maintain they are keeping it as my account was in arears when closed, and that my acount has been referred to a debt agency. is it just a case of the left hand not knowing what the right is donig at barclays ?
Speak to your IP who may be able to get somewhere quickly with this if the money was paid in after approval. However, I am curious as to why you first payment is next week if your IVA was approved on 7 July. It seems a bit unusual.
i said i wanted a payment date at the end of the month , they suggested end of Augustm, as i dont think they had time to set up the direct debit in time otherwise, frankly i wasnt complaining as it gave me a months grace ! my IP is aware of the situation and ive been chasing them but no result or update so far.
That makes sense so what you could do now is advise the IP that you cannot make the payment due to the actions of Barclays. The IP can get this money back and you should not have to pay money you cannot afford.
We had a similar problem with child allowance being paid into a closed TSB account. Took a lot of phone calls and arguing but stand your ground. We even got £25 as a measure of goodwill,hilarious given that we owed TSB about 30 odd grand!!!(debt isnt funny!!)
Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
I hope you get your money sorted as well, and quickly.
Have to say that I never had a problem with Barclays. HSBC was my worst nightmare.
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
