IVA. Bank witholding cash in account not related to IVA

mumsarethebest

Hi All
Am hoping for some help again. Our IVA got approved on 28th June and our first payment is due Jul 22nd. All fine and dandy.

The biggest portion of debt was Natwest with an overdraft and personal loan. We did have a joint a/c, 2 single a/cs and a savings a/c in husbands sole name. The debt is only related to our joint a/c. Once a month my ex puts in £250 by standing order into my husbands sole a/c there is no overdraft on this a/c and generally we ended up transferring it straight out.

This money is basically maintence that we give most of for teenage son to survive in college. It pays his bus fare, lunch and expenses. Plus his sports fees.

Anyway for the last 2 weeks we have been trying to get in contact with ex so that he could cancel SO and pay into our new basic barclays ac. Except stupid berk has changed his phone no. Anyway finally get hold of him last night only to find out he has already deposited money.

So try to access online accounts through Natwest to get a "Sorry you can't access at this time" So speak/type to an online customer care person who tells me that i have to speak to telephone banking who then pass me on to someone else.

Anyway they can see the money their end but all accounts are now frozen and can only be paid into due to our IVA.

My question is this - surely they are not allowed to keep this money (If they are then I wont be able to make the first IVA payment as will be so short) Can a standing order be reversed? ie can the person whose account the SO originated from request the money back?

Natwest have given me the no. for their IVA dept as was so not happy on the phone after speaking to first the online person, customer care, supervisor and manager who all said the same thing, the accounts can be paid into but not out.

It says on my IVA that I can not under any circumstances pay anything to creditors as this invalidates the IVA. Does this constitute a payment if I cant get my money back?

Thanks in advance for advice.

FoggyBrain_2

In theory they are allowed to offset -- but not, as far as I am aware, after the IVA has been put in place. Is your IP aware of this payment into your account each month ( that is to say, has it been accounted for in your I&E)? If so, ask him / her to have a word with Nat West.

mumsarethebest

Hi thanks Foggybrain yes it was taken into account but made very little difference as we could prove that the majority of it goes on my sons costs we also proved how much his bus, textbooks etc were. Due to his Dad being so far away my son gets the train to see him and his half sister every other weekend and the cost comes out of the £250 too.
I am really screwed if we cant get it back.

debtinfo

Was the money in the account before the date of the IVA agreement if so then at that date it is an existing asset and the bank should be able to offset it against their debt, if it went in after then they should not be able to

mumsarethebest

Hi the money was only deposited yesterday on saturday. The IVA was approved on Tuesday

debtinfo

Contact your IP then

mumsarethebest

thabnks all now sorted although it did take 9 phonecalls to various natwest departments to get someone to authorise a refund and 2 hours. By which stage my patience was wearing a little thin. I can now go to a natwest branch and get the money over the counter.
But the funniest if you can call it that was the very last person I spoke to said if it happened again just to get the standing order which can be done at the request of the SO originator. You cant do it to a direct debit but you can to a SO. Handy to know