Double jeopardy? 12 November 2008 at 10:12PM edited 30 November -1 at 1:00AM in IVA & DRO 2 replies 922 views

roystonvasey

I and my wife have been in an IVA for about 18 months now. We have just realised that our ex bank is claiming the full amount of our overdraft from both of us thereby claiming double the amount owed. Is this possible/legal have asked our IVA company to explain but they really don't come up with a satisfactory answer.

Useless_with_wonga

Nope you are correct that is wrong. I am assuming as your ex bank is getting money out of your IVA payments and therefore they are bound into the terms of the IVA and can not claim the same money outside of the IVA agreement. Nor btw can they add interest or charges after they have accepted the IVA.
I would contact the ex bank directly and point this out to them and that should hopefully put a stop to the claim outside of the IVA.

insider66

hopefully the overdraft was included in the iva, if not the bank are right, you are jointly and severally liable for the debt, but in practice, if the debt is re-paid by one or both of you it will be cleared.
If it was included in the iva, then inform your IP to inform them they are breaking the law by contacting you.