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Trustee taken kids money

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Comments

  • cinzano
    cinzano Posts: 165 Forumite
    The Trustee i have been allocated is dealing with our home which is the only assett and my wife is buying the BI. The OR is still dealing with bank statements and questions as I have only ever had one short interview, nothing at length.
    The letter from Barclays reads:
    Further to instruction from your Trustee in Bankruptcy Mr ...... Your a/c No ......... has been frozen and the balance held to the order of the Trustee in Bankruptcy.

    If this was the case, why did they accept the cheque deposit??
    I was allocated the Trustee in July and the letter dated from the bank was
    4th December, the day before the cheque cleared and no doubt the day the
    Trustee took it.
    I am unsure whether the Bank should have advised me earlier or the Trustee should have advised that he had frozen it.
  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    As the account was frozen the day before the cq was due to clear, sounds like the Bank informed the Trustee of the money coming in.

    Phone the Trustee Monday morning and state your children's money
  • This is why Br cases should never be assigned to a party who has a financial intrest in the outcome of the case.

    and sums the motivation of this country up in one word........greed
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Have your children each open their own accounts. Mine have had their own accounts since they wre about 4 or years old and I have never been a signatory on it.

    It has come in handy as my dad just sent me money for my Christmas present and also to buy presents for my family from him. I had it put directly into son's account so it couldn't be construed as my money.

    Call me cynical but I wouldn't leave anything to chance or goodwill!

    :j :j


  • cinzano
    cinzano Posts: 165 Forumite
    Thanks everyone for your thoughts on this one, cant say im looking forward to interview on Monday and feel like i realy want my say on this one to the OR. I am realy annoyed at how this as worked out and its the kids that lose out, but at the end of the day, I know I haven't a leg to stand on and my only route is to now open a new account
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    cinzano wrote: »
    The Trustee i have been allocated is dealing with our home which is the only assett and my wife is buying the BI. The OR is still dealing with bank statements and questions as I have only ever had one short interview, nothing at length.
    The letter from Barclays reads:
    Further to instruction from your Trustee in Bankruptcy Mr ...... Your a/c No ......... has been frozen and the balance held to the order of the Trustee in Bankruptcy.

    If this was the case, why did they accept the cheque deposit??
    I was allocated the Trustee in July and the letter dated from the bank was
    4th December, the day before the cheque cleared and no doubt the day the
    Trustee took it.
    I am unsure whether the Bank should have advised me earlier or the Trustee should have advised that he had frozen it.

    Hiya again

    It's a real pity that this has happened on a Friday, so that you can't speak to anyone about it till Monday. The good thing is that you have a meeting already arranged for Monday, so can discuss it then.

    My own feeling is that the bank's wording isn't entirely clear cut. So I would suggest that you don't go in all guns blazing on Monday, but go for the 'I'm not quite sure what this is all about -I'm not even sure that you actually know about it?' approach instead.

    Maybe I've spent too much time analysing DCA letters (and similar), and trying to spot the tricks they use to confuse people. Maybe the trustee was made aware of the funds, and did tell the bank to freeze the account because of that. But it seems a bit over the top if it was just enough to cover the cost of a Wii. If it was more than that, it might complicate things a bit more.

    Or maybe you can read the letter differently.

    "Further to instruction from your Trustee in Bankruptcy....your a/c No .... has been frozen and the balance held to the order of the Trustee in Bankruptcy"

    could be translated as:

    "Your Trustee in Bankruptcy wrote to us yonks ago to tell us that you had been made bankrupt, and that he had been appointed as trustee in your bankruptcy. We noticed that you got some money paid into your account, so we've frozen the account. We'd like to take the funds ourselves, but legally we can't because you're bankrupt :mad: . So, we'll hold the balance until the trustee tells us what to do with it (but we might not tell him about it ourselves)".

    It's worth finding out if the trustee even knows about this. Whether he does or doesn't, I'd agree with the arguments other posters have already put forward - if he needs to be given arguments.

    I hope you can get this sorted out, because it's the last thing you need. And maybe your children will find nice shiny new bank account details in their Christmas stockings ;) . I think that suggestion (from FYP?) is a great idea :T
  • cinzano
    cinzano Posts: 165 Forumite
    Thanks coolciat, I think you might be right about the Bank holding it without
    being told to do so by Trustee - I do not have any debt with Barclays and feel that they either forget to advise me at the time that the account had been frozen or its simply because money has been paid in for the 1st time since bankruptcy and they have realised I hadn't been informed and kept it for the Trustee to cover themselves. I do feel they should never have accepted the deposit if the account was frozen.
  • cinzano
    cinzano Posts: 165 Forumite
    Thanks to everyone who posted about my dilemma. Phoned the Trustee today and asked why he had taken money from my account without prior notice of freezing. It seems it is the Bank who have taken it upon themselves to advise Trustee of funds in my account and they are in fact the ones who are holding it. Trustee says he is not interested in such a small amount of money, maybe with a couple of zeros added, he would be. He is writing to the Bank to tell them they must release the funds back to me and has advised me to go to the Bank after Wednesday and withdraw my money. Should I have any problems tell the Bank to ring him direct. RESULT !!!!
  • DON79
    DON79 Posts: 3,842 Forumite
    Excellent!! Result! Am so so pleased! :j :j :j :j :j :j :j :j :j :j :j :j :j :j :j :j :j
    BSC #215/No.1 Jan 09 Club
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    That's excellent news, cinzano! I'm so pleased you could get it sorted out simply and quickly. What a load off your mind. :T
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