unfortunate error, legally I can get this £?

rabb

Hi this is a crazy situation.

I went bankrupt in Aug 2010, so was discharged Aug 2011.

I currently have a CO-OP bank acc.

Around Nov 2010 HSBC wrote to me, I owed them around £1500, overdraft was supposed to be £1000. Informed that due to my Bankruptcy the account was closed, obviously my access to Internet Banking was also suspended. To the best of my knowledge I haven't heard from HSBC since then.

Now, THIS IS THE CRAZY PART. I've been working as a supply teacher, the agency have been paying my wages into my CO-OP account for last 18 months without problems. 2 weeks ago they paid the wages into my HSBC, the account that was implicated in my bankruptcy!!!!! I believed it was CLOSED. I'm going to go back to the agency now.....ask what happened to this cash.

What do you think? Surely legally HSBC cannot keep this cash? As my debts were cleared? I don't have a copy of the letter HSBC sent me over a year ago. So what is liely to have happened? Surely the acc IS CLOSED as wouldn't that adversely affect my future credit rating if it was allowed to stay dormant?

Has anybody got an opinion on this? Thanks

dojoman

You are right, the bank cannot keep this money, contact your OR if you have no joy with the bank itself, they should be able to help you sort it out.

rabb

Thanks, I'm going to visit the bank tomorrow. It could of course have been returned to the agency? HSBC def told me the bank acc was shut down, (at least 9 months ago, maybe even over a year ago) not sure if they keep it alive in some way still though?

Do you think the OR would help? I mean I am now discharged?

rabb

I've emailed the agency and told them the HSBC acc was closed late 2010. I'm not going to try going into an HSBC branch and speaking to them about this.....I very much doubt they would be able to help me in the slightest? At the end of the day, I have zero records with them in any way anymore. Ironically, I spent 3 years working for them in a more pleasant period of mt existence!

Ive told the agency I want the wages paying into my correct acc asap as I've been deprived of 3 days wages for over 2 weeks now. Hopefully they can get the cash to me soon!

Where do you think the £ currently is? Do HSBC have it or do you think they'd immediately send it back to stay within the law? Any ideas? Thanks

debtinfo

remembering that it is actually just a few binary data bits, its probably in electronic heaven as we speak

rabb

debtinfo wrote: »

remembering that it is actually just a few binary data bits, its probably in electronic heaven as we speak

I was thinking the same.

rabb

[FONT=&quot]I've had a response fron the agency:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I will get a payment into your account CO OP on Mon [/FONT]

[FONT=&quot]Can I just clarify has the money hasn’t been returned to our bank yet which I was waiting for that the HSBC account has been closed and who at HSBC confirmed to you the account had been closed has I will be tracing the money to see why HSBC haven’t returned to us when I tried to speak to someone today they wouldn’t clarify[/FONT]

[FONT=&quot]Sorry for delay[/FONT]


[FONT=&quot]How do you reckon I should play this now? TBH I really don't wanna disclose the agency that I went bankrupt. A) because this problem is entirely the agency's creation and not my own, so why should I be forced to disclose private information? and because should I disclose it I certainly don't want it "muddying the waters" so to speak and denying me my wages ant longerr.
[/FONT]


[FONT=&quot]What should I do? From the gist of that email it would seem HSBC are being purposefully vague as they are not entitled to disclose details about myself and any accounts (be they open or closed) to somebody who is making a speculative call.
[/FONT]


[FONT=&quot]Thanks
[/FONT]
[FONT=&quot]
[/FONT]

silvercar

If money has been sent to a closed account it will sit in an HSBC unallocated funds, probably waiting for someone to claim it. It often sits around because the bank will think the most likely error is that an account number is wrong. So they wait for someone to get in touch to make a correction. Once they are told that the money needs to be returned that will happen.

All assuming the account is closed. I don't know how long banks wait before re-allocating the account number to someone else.

macman

All the agency need to know is that the account was closed-not the reason for it. The error is theirs and theirs alone-they have presumably got your old a/c details still on file, and pulled the wrong info when they did the transfer.

rabb

Yes my dilema is this person at the agency is asking "who told you the acc is closed?"

I can recall getting a letter some 14 months ago informing me the acc was closed, obviously also mentioning my bankruptcy.

I'm just wondering how I should respond to the agency.

rabb

silvercar wrote: »

If money has been sent to a closed account it will sit in an HSBC unallocated funds, probably waiting for someone to claim it. It often sits around because the bank will think the most likely error is that an account number is wrong. So they wait for someone to get in touch to make a correction. Once they are told that the money needs to be returned that will happen.

All assuming the account is closed. I don't know how long banks wait before re-allocating the account number to someone else.

So you don't think HSBC are holding onto it in any way due to the nature of the closure of the account? BANKRUPTCY, done with a hefty arrears at the time.