Transferring ISA T&C's/"2nd account"

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From the T&C's of a company I'm considering moving my current ISA holding to:
I declare that:
[...]
I have not subscribed and will not subscribe to a Maxi ISA or another Mini Cash ISA in the same tax year that I subscribe to this Direct Mini Cash ISA;

I currently hold £3000 from previous tax years and £3000 for 2004-2005 (i.e. this tax year.)

Do the T&C's quoted above preclude me from applying until April 6th? Or is it permissable to open a '2nd account' for the purposes of transferring (the whole of) the ISA funds this year?
Conjugating the verb 'to be":
-o I am humble -o You are attention seeking -o She is Nadine Dorries
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  • paul666
    paul666 Posts: 95 Forumite
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    Ooohh. You just asked the same question on the fool !!! :-)

    Going to compare notes ?
  • Paul_Herring
    Paul_Herring Posts: 7,481 Forumite
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    paul666 wrote:
    Ooohh. You just asked the same question on the fool !!! :-)

    Going to compare notes ?
    Not quite :) I've got the application form sitting in a window here, and was hoping for an answer sooner rather than later. Seems the company's phone lines aren't open at reasonable times like Sunday afternoon unless I utilise an 0898 - erm I mean 0870 - number.

    I suppose I could go to saynoto0870, but was wondering if this is one of those FAQ's that don't actually make it to the FAQ lists.
    Conjugating the verb 'to be":
    -o I am humble -o You are attention seeking -o She is Nadine Dorries
  • isasmurf
    isasmurf Posts: 1,999 Forumite
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    The T&C you stated are required by IR rules. You can still transfer the whole balance over to the new provider. This will also transfer your 'one ISA per year allowance', i.e. all your subscriptions will be recognised as been made in your new ISA and this is the only one you will be allowed to subscribe to in this tax year.
  • Reaper
    Reaper Posts: 7,283 Forumite
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    I think what isasmurf is right but I got a bit confused reading it (I'm easily confused).

    You can transfer your existing ISAs to new providers whenever you want. This does not use up your allowance. Don't withdraw the money, or you can't put it back, tell the companies you want to transfer.

    In your case you have already used up your allowance this year so you can not add any more money until next tax year. Then you will be able to either add it to your existing ISA or open a new one with somebody else if you prefer.
  • Paul_Herring
    Paul_Herring Posts: 7,481 Forumite
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    Reaper wrote:
    You can transfer your existing ISAs to new providers whenever you want. This does not use up your allowance. Don't withdraw the money, or you can't put it back, tell the companies you want to transfer.
    But in order to tell this provider I wanted to swap, I had to accept the T&C's which implied I had not subscribed this year - which I could not.

    Anyway, this question is now academic - I probably won't be going for this provider anyeay - see

    http://forums.moneysavingexpert.com/showthread.html?p=271263

    and

    http://boards.fool.co.uk/Message.asp?mid=9093489&sort=whole

    for why.

    Thanks for taking the trouble to read and reply to my question anyway :)
    Conjugating the verb 'to be":
    -o I am humble -o You are attention seeking -o She is Nadine Dorries
  • Milarky
    Milarky Posts: 6,356 Forumite
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    I'm sure isasmurf must be correct where he says:

    "You can still transfer the whole balance over to the new provider. This will also transfer your 'one ISA per year allowance', i.e. all your subscriptions will be recognised as been made in your new ISA and this is the only one you will be allowed to subscribe to in this tax year."

    I had thought that the rules [the Inland Revenue ones] were:

    a. You may transfer any part of an existing subscription to another provider.
    b. This is a transfer and does not qualify as a subscription.
    c. You must not subscribe to more than one [mini cash] ISA in the same year.

    From 'b' and 'c' above it follows that you cannot part subscribe [say £1500] into ISA 'A' then transfer 'A' to ISA 'B' and then further subscribe [say £1500] to 'B'

    From 'a' it follows that you can transfer part of 'A' to 'B' without closing or transferring the rest of 'A'. So you will have two [mini cash] ISAs instead of one. But you can then only subscribe to 'A' or 'B' [not both] or another ISA altogether in any subsequent tax year.

    Can I ask isasmurf to check this is correct or have I overstated something?

    BTW -on the subject of transfers- I have an ISA with Nationwide and also a TOISA [which counts as in ISA] with them. The TOISA is in a passbook and they won't amalgamate the balance with their annual subscription ISA. But they will transfer the TOISA out, of course, and will transfer back in from other ISA providers.

    If I ask another ISA provider to accept a TOISA transfer and then ask Nationwide to accept an ISA transfer straight back in they would have to amalgamate the balance wouldn't they?
    .....under construction.... COVID is a [discontinued] scam
  • Paul_Herring
    Paul_Herring Posts: 7,481 Forumite
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    Milarky wrote:
    I'm sure isasmurf must be correct where he says:

    "You can still transfer the whole balance over to the new provider. This will also transfer your 'one ISA per year allowance', i.e. all your subscriptions will be recognised as been made in your new ISA and this is the only one you will be allowed to subscribe to in this tax year."

    I had thought that the rules [the Inland Revenue ones] were:

    a. You may transfer any part of an existing subscription to another provider.
    b. This is a transfer and does not qualify as a subscription.
    c. You must not subscribe to more than one [mini cash] ISA in the same year.
    As I understand the rules you can transfer
    a) any part of previous year's subscriptions (e.g. I could transfer #1500 of last years) and/or
    b) all (no less) of the current year's subscriptions (i.e. if I wanted to transfer 2004-2005's before April 6th, it would have to be all #3000)
    c) it must be into a similar ISA (i.e. cash for cash)
    d) your (c) above

    Anyway, the problem that prompted the thread was the T&C's of A&L's scheme which required me to state that I hadn't had a subscription this year. Which I had. The fact that I was wanting to transfer it doesn't matter - there weren't any clauses in the T&C's to cover this stituation. (In fact the T&C's in general seemed rather sloppily written - there were two identical clauses on the same section! - I'd quote them but don't have a local copy at the moment.)
    Conjugating the verb 'to be":
    -o I am humble -o You are attention seeking -o She is Nadine Dorries
  • miller
    miller Posts: 1,630 Forumite
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    Anyway, the problem that prompted the thread was the T&C's of A&L's scheme which required me to state that I hadn't had a subscription this year. Which I had. The fact that I was wanting to transfer it doesn't matter - there weren't any clauses in the T&C's to cover this stituation. (In fact the T&C's in general seemed rather sloppily written - there were two identical clauses on the same section! - I'd quote them but don't have a local copy at the moment.)

    I have already put £3k into a Nationwide Members ISA for 04/05 (currently 5.15% with 60 days notice). I was considering transferring to A&L because I now have my current account with them and I would prefer instant access.

    I am put off by the £25 transferring out fee, what you mention above and the fact the minimum balance is £1 (that definitely is a no-no for this tax year because of the £3k already to Nationwide).

    I might email them via Online Banking and see if they would still be willing to accept the incoming transfer, despite what their conditions say.
  • isasmurf
    isasmurf Posts: 1,999 Forumite
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    Milarky, you're more or less right, but Paul_Herring has it spot on. The only thing I would slightly adjust with Paul's statements is that when transferring current year subscriptions it must be like for like, i.e. Mini Cash for Mini Cash, and not Mini Cash for Maxi Cash. Previosu years subscriptions can move between Mini and Maxi because the Mini and Maxi is only valid for the year in which the subscription was made.

    The reason why you have to transfer the whole of the current years subscriptions is so the taxman can easily check if your following the rules properly. He gets confused with two accounts. :lol:

    Milarky, I'm a bit puzzled by Nationwide's reponse to your problem. Have they said why? After all a TOISA is a Mini Cash ISA, and it would seem silly to me for them to have to do administration on two accounts when they could do it on one. Although don't know why you didn't just transfer the TESSA into your existing ISA in the first place (although we may have been through that before)
  • miller
    miller Posts: 1,630 Forumite
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    A&L confirm the account is opened with a £0 balance so transfers from existing providers can be made where £3K has already been subscribed.

    In addition you can open the account if you have already subscribed to a mini-cash ISA in this tax year. The T&C's state you will not subscribe to your A&L ISA in the same tax year, which is fair enough.
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