IVA payment not covering one debt

[gabbyevs]

sorry if this is in the wrong place

 

bit of a confusing one

 

im just coming to the end of an iva all went well for five years until i get a phonecall today saying santander one of the creditors arent covering all of my debt with them

 

according to them i carried on spending on my account after the iva was in place and im not covered for it its my own debt

 

for five years all it has said on my yearly report is evidence required next to santander questioning the amount-i queried it over the years and all i was told was dont worry about it there wont be a problem

 

well there now is as they wont be covered and i now owe 2000 out of my own money which i dont have

 

what advice id like is

 

is it my fault for not persuing this harder

 

is it their fault for not breaking down the amount and saying what was not covered earlier

 

or the IP fault for not clearing this up sooner when i asked

 

they say they have no record of me asking about it-of course not-ive put in a complaint but all they kept saying was but why are you complaining if you spent the money

 

my response was because i was not told about this for five years and could have sorted it out by now if there was a problem

 

where do i stand now as i believe ive been given the wrong information over the course of the iva

[citizenB]

The question is, did you continue to spend on the account / card after you had entered into the IVA ? Send Santander a Subject Access Request in order to obtain statements to see if this is true.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

[gabbyevs]

ive already requested the statment just waiting for it

 

i dont recall doing it my new account was already set up with a different bank

 

if i dont have ay comeback then fine i just want to know wherei stood

[citizenB]

What type of account is this

[gabbyevs]

it was a current account

[citizenB]

it was a current account

 

It is quite likely that the "use of the account" was by the bank in respect of charges or interest on unauthorised overdraft. Wait while you obtain the statement and see what has been going on. Let us know when you have received it and we can then advise further.

[gabbyevs]

thanks will do-well im not paying for interest charges