www.iva.co.uk

Guy's

up until now my IP has done a good job however I am in a bit of a bind.

The IVA has been agreed by all my creditors. After it was agreed i got some money that was due to me mistakenly paid into my santander account (account was included in the IVA) This money cleared the overdraft and as soon as i found out I contacted the parties that paid the money who immediately contacted santander to get the money back, this didn't happen because santander are a bag of Sh**e. Santander knew the problem yet 3 weeks later they closed the current account and shifted the balance to a savings account.

The they said that the current account needed to be re-opened to send the money back, which would take upto 10 days. They re-opened it in late november.

I have contacted santander more times than I can count to get this sorted out. I have been met with responses of we will send a message, you have to contact the people who paid the money in to request it back, you have to contact your IP.

I have done all 3.

The parties concerned who paid the money are having as hard time as i am and no joy.

I contacted my IP and they have basically said they are not going to get involved and said santander are naughty because by doing this they have made themselves preferential creditors and they cannot do that. The IP have said it is up to the people who paid the money in to request it back.

I contacted santander again today to say look, send me the money and i will sort it out from there. They said again it needs to be sent from the original account. I said it had be re-opened......to my shock it has been closed again!!!!

This is just the short of a long winded story that has been going on with santander since November!

Any help....pleaaaaseee.

I suggest that you write, and send recorded, a letter to Santander stating that if your case isn't resolved to your satisfaction within 28 days you will be contacting the Financial Ombudsman with a formal complaint.

Drake - welcome the forum - fully agree with Foggy - use the Financial Ombudsman to step up your complaint (forms are on line + its free) however word of warning- it can take a few months and you need to make sure your exusted Santander complaints procedure - otherwise the FO will bounce the complaint back

I am not sure santander did anything wrong here. I lost out too as a £700 overdraft from TSB was included in my insolvency but due to my payroll dept being crap my wages went into the old account,paid off the overdraft and TSB wouldnt let me go overdrawn!!

good luck with your struggle.

Paul

This is not something for your IP to really get involved with. If the payer made a mistake in transferring the money to the wrong account then they should be responsible for getting it back or reimbursing you accordingly, and Santander should not be holding the funds if a mistake has occured.

Thanks for the response guys.

Just contacted Santander again and they are "investigating"

They really are the worst bank in the world. I've lost count the amount of times I have told them the story!

I would've thought that the IP could talk to them to say they are in breach of the IVA and they must act quickly.

As they are in breach of the IVA by making themselves preferential creditors, what can be done? Who do you refer matters to when an IVA has been breached by a creditor?

Write to them again, stating your complaint and subsequent treatment. Ask them for a letter outlining their complaints procedure, tell them to comply within 28 days, tell them that failing that you will make contact with the banking ombs listing all the hasstle and Santander breaching your IVA despite your actions to recover this money for the general IVA pot. State you will be seeking compensation from them for stress and hardship. Bet they start to move their A888's then.