Just had a load of money taken out of my account without my permission.

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simon781
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by simon781 » Sun Nov 26, 2017 2:22 pm
Hi, I'm in an IVA with Knightsbridge, I had a payment break a few months ago because I was written off work with a disease, started paying again, but my disease has made me be off work again, so I'm on SSP sick pay with no way to pay, I was told over the phone I would be ok for another 3 months at least by Knightsbridge as apparently it takes that long before its a problem with creditors? Anyway, 2 months in and ive just had a load of money taken out my account, without my permission, by another firm whom ive never heard of, presumably through Knightsbridge, some firm called Creditfix? Surely I should of been asked? Surely my written or spoken permission should of been needed for anyone to take money I just cant afford due to being ill????
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Foggy
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by Foggy » Sun Nov 26, 2017 2:48 pm
Creditfix has, apparently, been purchasing Knightsbridge cases and, it seems, are unaware of the agreed payment break. I would suggest giving them a call on Monday to see if they can sort this out for you.
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simon781
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by simon781 » Sun Nov 26, 2017 3:22 pm
Foggy wrote:
Creditfix has, apparently, been purchasing Knightsbridge cases and, it seems, are unaware of the agreed payment break. I would suggest giving them a call on Monday to see if they can sort this out for you.


Thanks, I fully intend on doing so, I'm just shocked that, without my consent, any joe blogs company can take my money out of my account, surely that should be illegal? I'm also shocked that I spoke with Knightsbridge a few weeks ago and was told everything was ok until the new year and that my IVA was ok etc. I have emailed Knightsbridge my sick notes from my Doctor that covers me until mid January, i've done what was asked of me, I'm genuinely ill and may need an operation, i've proved I'm ill, I'm on SSP which is peanuts pay, what the hell do they hope to achieve? Atrocious it really is......
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luluj
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by luluj » Mon Nov 27, 2017 4:57 am
It is not a good approach by creditfix even if they have purchased your iva as such from knightsbridge - a email or letter to at least introduce themselves would have been nice opening up for a conversation about your current situation. Let us know how you get on
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SteveUK
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by SteveUK » Mon Nov 27, 2017 3:57 pm
How did they take the money? Was it by direct debit?
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kallis3
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by kallis3 » Mon Nov 27, 2017 4:14 pm
Have you managed to get it sorted?
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Foggy
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by Foggy » Mon Nov 27, 2017 4:22 pm
Thing is, when you open an IVA the firm set up an individual client account, to keep your money separate from everybody elses and also separate from the firms own money. When a case is transferred to another Supervisor that account goes with it, again, compartmentalising the money. The new Supervisor takes control of that client account and can action direct debits in the same way as the original account holder did.
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SteveUK
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by SteveUK » Mon Nov 27, 2017 10:28 pm
Foggy wrote:
Thing is, when you open an IVA the firm set up an individual client account, to keep your money separate from everybody elses and also separate from the firms own money. When a case is transferred to another Supervisor that account goes with it, again, compartmentalising the money. The new Supervisor takes control of that client account and can action direct debits in the same way as the original account holder did.


That's true but if it was Direct Debit they have to inform the payer of the amount they are going to collect. If they didn't then he is entitled to a 'full and immediate refund' under the Direct Debit Guarantee.

Last time I had a problem with a DD I had to explain to the bank that 'full' mean't all of it and 'immediate' meant right now, not after they had investigated.

Just to clarify. It is the bank the money was taken from that have to refund. Obviously they don't like this as they are giving you the money before they get it back from the payee which is probably why they try and fob you off on the immediate bit.
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simon781
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by simon781 » Tue Nov 28, 2017 11:06 am
kallis3 wrote:
Have you managed to get it sorted?


No, not yet, I phoned Creditfix yesterday who informed me they would transfer the money back, but as normal I'm STILL waiting for it to be transferred back. Ive emailed them a copy of my Drs sick note that covers me until January 13th next year and a copy of my bank statement that shows they have taken it? As if they didn't know they had taken it? The bank statement also shows that they kindly left me with exactly 76p to live on for 3 weeks.............
I had this problem once with Knightsbridge when my illness started, but they managed to transfer the money back within 2 hours the same day, funny that. Surely there is some organisation I can report these mindless idiots too?
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kallis3
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by kallis3 » Tue Nov 28, 2017 11:37 am
Not good! With luck the person who works for Knightsbridge will comment.
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SteveUK
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by SteveUK » Tue Nov 28, 2017 2:29 pm
I'll ask again.

SteveUK wrote:
How did they take the money? Was it by direct debit?
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simon781
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by simon781 » Tue Nov 28, 2017 5:42 pm
SteveUK wrote:
I'll ask again.

SteveUK wrote:
How did they take the money? Was it by direct debit?


Sorry, not sure to be honest, it was set up in the beginning for Knightsbridge to take out every month, but that was put on hold, ive not given anyone else permission to take anything and I wasn't told or warned that anyone was going to take anything out. And even though ive phoned them yesterday and today, I'm STILL waiting for it to be returned into my account as I have nothing in there now, they have seen proof I have nothing in there now and they told me yesterday and today that it was being returned?
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SteveUK
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by SteveUK » Tue Nov 28, 2017 6:55 pm
simon781 wrote:
SteveUK wrote:
I'll ask again.

SteveUK wrote:
How did they take the money? Was it by direct debit?


Sorry, not sure to be honest, it was set up in the beginning for Knightsbridge to take out every month, but that was put on hold, ive not given anyone else permission to take anything and I wasn't told or warned that anyone was going to take anything out. And even though ive phoned them yesterday and today, I'm STILL waiting for it to be returned into my account as I have nothing in there now, they have seen proof I have nothing in there now and they told me yesterday and today that it was being returned?


Sounds like a DD. Ring your bank and ask them. If they say yes tell them the company didn't have your authority to take that amount and you want a full and immediate refund as per the Direct Debit guarantee. That way the money will be in your account tonight and you can eat.

Don't let them fob you off.
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simon781
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by simon781 » Tue Nov 28, 2017 7:08 pm
SteveUK wrote:
simon781 wrote:
SteveUK wrote:
I'll ask again.



Sorry, not sure to be honest, it was set up in the beginning for Knightsbridge to take out every month, but that was put on hold, ive not given anyone else permission to take anything and I wasn't told or warned that anyone was going to take anything out. And even though ive phoned them yesterday and today, I'm STILL waiting for it to be returned into my account as I have nothing in there now, they have seen proof I have nothing in there now and they told me yesterday and today that it was being returned?


Sounds like a DD. Ring your bank and ask them. If they say yes tell them the company didn't have your authority to take that amount and you want a full and immediate refund as per the Direct Debit guarantee. That way the money will be in your account tonight and you can eat.

Don't let them fob you off.


Thanks, I spoke to the bank on Sunday when it was withdrawn, all the bank seemed interested in was the fact if it was fraud or not? They wanted me to phone Creditfix Monday morning, to me its blatant fraud if my IVA was on hold and money was taken without me knowing/agreeing to it, think I might use this rest period and arrange for a DRO or even bankruptcy, ive heard nothing but bad things about IVA's just recently.
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Foggy
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by Foggy » Tue Nov 28, 2017 7:18 pm
It is not fraud, but a misunderstanding. The fault lies with DFD not making the extra break formal, so, when the case was picked up by Creditfix, all they saw were missing payments -- which I imagine they thought were missed due to the transfer. So they called for the arrears ( which is what they thought them to be) as they are entitled to do, to avoid the IVA failing (three missed payments will fail the arrangement).

I know you will say they were not entitled to draw the funds --- but, if the total they drew were mo more than the amount missed (i.e a couple or a few monthly installements ) it is an amount you have authorised to go out on that DD. Creditfix took control of the receiving account when they purchased the case and, so , are authorised.

With enough disposable income to pay an IVA you will not qualify for a DRO --- bankruptcy might be a solution as, when you cancel the IVA, the creditors will add back lost interest and charges and your debt will increase, which would be absorbed by BR --- you will, however, have to pay around £750 costs up front.
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