Trustee taken kids money

cinzano

I wen BR 30th June and was told by Barclays I could keep my basic bank account. The small amount I had in at that time, was taken by the OR. My mother placed a cheque in this account for me to buy the kids christmas
presents as she had no idea what to get. The cheque was due to clear today and I was to buy a Wii between them, but when I got to the bank, the Trustee had taken it. I have since received a letter from the bank, advising that the Trustee has frozen my account only since funds were put in.
Do I stand any chance of claiming this back ?

peachyprice

Did the OR say you could keep this account at the time you went BR?

cinzano

Yes OR said I could use this account and did not freeze it when I was made bankrupt

skylight

Then you need to get on to your OR ASAP and ask them whats going on. They are the only ones who can help you with it.

Are you sure the trustee has taken it (I assume you mean your OR??) and not Barclays?? Barclays are not known for their BR friendlieness especially if you owed them money.

cinzano

No it is the Trustee who has taken it and this was confirmed in a letter from Barclays, I have an appointment with OR on Monday so will clarify with him about the account. I was thinking of opening another account with Co-op but do not know whether or not OR will give kids money back

JCS1

So you have an IP in place as a Trustee? You need to discuss money taken from the bank account with them rather than the OR.

Works like this:

• Upon making a Bankruptcy Order, the OR becomes Receiver and Manager
• If no meeting of creditors is called, the OR then becomes Trustee
• If meeting of creditors called, it is then an IP who becomes Trustee

blind-as-a-bat_2

JCS1, does the trustee or IP have the right to freeze an account already declared as no intrest by the OR?

JCS1

To be honest, am not sure. So few of my cases ever went to an IP that I wasn't really involved in that side of things.

blind-as-a-bat_2

Thanks anyway JCS1

The implication of an IP freezing an account is worrying, most BR,s have an account that at certain times of the month may look healthy but is the monthly wage for the BR,s living expenses.

This has serious implications if an IP can just freeze an account like this without warning, as it will cause hardship for the BR and there family, and may contain benefit payments they have no right to take.

coolcait

Hiya cinzano

What a nightmare for you!!

Just to clarify the kind of 'trustee' we're talking about - are you in Scotland by any chance?

Would you be able to post up what the letter from Barclays says? Not anything personal, or anything that might identify you. Just the bit where they say the trustee has taken the money.

Call me suspicious (go on, go on, you know you want to ) but I wouldn't be overly surprised to find out that the letter is worded in such a way that it sounds like the trustee has taken the money, but it's actually Barclays who have done it.

Either way, if you can post up the wording of the letter, it might help people here figure out what's going on - and, more importantly, what you can do about it.

In the meantime, take care.

cannyscot_2

They should give the money back -you were holding it in trust for your children. Ask your mother to write a letter signed and witnessed by a third party to this effect. It was not your money.