Can they do this??

viviennebell

My partner has been experiencing financial problems so I sent out some SAO's and offers of repayment to his creditors .They have all been quite awkward trying to get him to agree to pay more and constantly ringing him so I sent some template letters from here about harrassment by phone which has stopped all but 2.
He has a loan with his bank (hsbc)which was £330 a month he offered them £145 and he didnt hear back .He has just gone to a debt counsellor as it was getting a bit overwhelming for me to sort out (due to other problems I have at the moment).They have suggested an IVA which payplan are dealing with and its in the early stages .
Today he has noticed that his bank have taken £83.25 out of his account for the last 2 thursdays (it would seem they are taking the £330 in weekly payments ),they havent written to him to say they are doing this and they havent phoned him (funny how they are taking notice of the harrassment letter now :mad:) are they allowed to take this when they know he cant afford it ?? He has opened up a new bank account but can hsbc still take it from his old one if theres no money in ?? What if it makes him overdrawn and he gets charged for it .
He is getting so stressed with it all and I dont know what to do as my creditors were ok when I wrote to them but his are just a nightmare

MrsTinks

They can take as much as they like... it's called off setting and yes it's perfectly legal and in your T&Cs.

Please make sure the debt councellor your OH sees is a free one and not one that makes a fat living from selling IVAs... they are far too often mis-sold!

viviennebell

Thanks :0( can they refuse to go along with the IVA?? Its with Payplan ,I dont know much about it/them or any costs involved ??