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kma
Junior Member
194 Posts |
 Posted - 08 July 2008 : 21:50:11
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| Hi Everyone, I went BR on 20th May and my employer was not happy to hold my salary back for a few days until my new bank account was open so my salary was paid into my old bank account which was frozen on the same day as my salary was paid in. This was 10 days after my bankruptcy and my account was closed a few days later. The OR wrote to the bank to tell them to release my salary to me but they paid it off my credit card instead. I have written to them and called them and told them that I need the money to live on and the OR has sent 2 letters to them but I have not had anything from them. Am I likely to get this as it was salary that was paid 10 days after my bankruptcy - the OR said yes but Halifax seem to be ignoring me and fobbing me off?? Any advice would be appreciated. Thanks |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 00:27:21
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I agree with the OR. The bank have preferred themselves incorrectly, and will need to return the money.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 09 July 2008 : 18:15:50
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Hi KMA,
This is an interesting situation which, unfortunately, I hear all too frequently.
Please stay with me on this one. It is more than likely that the entity with which you hold your bank account and the entity which issued the credit card are two different legal entities (ie different Ltd companies, but part of the same group). Now, to take money out of your account without your express authority and give it to a third party (which it would be in this scenario) .... that IS theft! A few banks do try and get away with it, but if you threaten them with the police, they usually fold and reimburse the monies.
Again, keep the OR informed as things progress.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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melanie_giles
Senior Member
1191 Posts |
Posted - 09 July 2008 : 21:39:30
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The bank and credit card arms generally operate "all monies" clauses in the small print of their contractual documentation - and this is legal - but as the trasaction occured after the date of insolvency then this is inappropriate and the money has to be returned.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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John
New Member
United Kingdom
73 Posts |
Posted - 09 July 2008 : 21:51:49
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I take Melanie's point re the timing of this.
I would also say that I have personally been involved in the same scenario and, following the course that Julian describes, the monies have been returned on both occasions.
The problem here is that you need this resolved quickly as you have nothing to live on. Alas this is unlikely to be resolved that quickly. |
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salary paid to credit card after BR
