Help my ex husband is in an IVA

Motherofthemutt

Rather an off situation but I hope someone can advise me what to do.

My husband and I have been divorced nearly a year, separated 18 months.

I had money before we were married and we entered into a pre nup.

When we divorced we didn't close our joint accounts though there was nothing in them. 

Last week I close a joint account (ISA) with the bank where we had the joint accounts and because I knew my husband accepted that the money was mine transferred to the joint account and then tried to transfer to my account with another bank. Found I couldn't do it as the account was blocked because my ex was in an IVA he hadn't told me about.

The bank say they require a letter of no interest. I feel the bank should have told me an account with my name on it had been blocked so that I wouldn't put money in. (subject of complaint to the bank).

My ex was asked by his IVA adviser for proof the money wasn't his which we have provided in the form of an ISA closing statement. They now aren't making any sense despite having given the proof they asked for.

Their latest communication says 'This is to confirm receipt of your documents
It is seen that the same is released on a third party rather than yourself.
Grateful to confirm why you are asking for a letter of no interest on our end as the same will be released on your name only and not for [me]
Should you require further information please do not hesitate to revert to us'

So not a lot of sense there.

What do I do now please.? The money is mine and practically all I have in the world. I was withdrawing it as I need it and have done nothing wrong. My husband confirms to the bank and his Insolvency Advisor that the money is mine and has given proof.

I have threatened court proceedings. Surely that shouldn't be necessary. How do I put the ball in somebody's court to force the issue?

Any suggestions gratefully received. Thanks

Motherofthemutt

SORRY I said the ISA was joint. It wasn't, it was mine alone. My husband isn't entitled to anything from it and a court would rule in my favour on that but I need the money NOW

Motherofthemutt

Let's start this again, so sorry....

Rather an odd situation but I hope someone can advise me what to do.

My husband and I have been divorced nearly a year, separated 18 months.

I had money before we were married and we entered into a pre nup.

When we divorced we didn't close our joint accounts though there was nothing in them. 

Last week I close an account (ISA) IN MY SOLE NAME with the bank where we have the joint accounts and because I knew my husband accepted that the money was mine transferred to the joint account and then tried to transfer to my account with another bank. Found I couldn't do it as the account was blocked because my ex was in an IVA he hadn't told me about.

The bank say they require a letter of no interest. I feel the bank should have told me an account with my name on it had been blocked so that I wouldn't put money in. (subject of complaint to the bank).

My ex was asked by his IVA adviser for proof the money wasn't his which we have provided in the form of an ISA closing statement. They now aren't making any sense despite having given the proof they asked for.

Their latest communication says 'This is to confirm receipt of your documents
It is seen that the same is released on a third party rather than yourself.
Grateful to confirm why you are asking for a letter of no interest on our end as the same will be released on your name only and not for [me]
Should you require further information please do not hesitate to revert to us'

So not a lot of sense there.

What do I do now please.? The money is mine and practically all I have in the world. I was withdrawing it as I need it and have done nothing wrong. My husband confirms to the bank and his Insolvency Advisor that the money is mine and has given proof.

I have threatened court proceedings. Surely that shouldn't be necessary. How do I put the ball in somebody's court to force the issue?

Any suggestions gratefully received. Thanks

sourcrates

As soon as the information filters through to his IP`s office, the funds should be released.

There is no point at all threatening legal action, they are legally required to determine the source of these funds, under the terms of his IVA.

You cannot take legal action against an IP as they must follow insolvency law in these cases.

The cogs don`t turn very fast in IVA land, you will just have to be patient.

Motherofthemutt

Well I can't afford to be patient. I have also made a complaint to the bank who I feel should have advised that the account was blocked when I would never have paid the funds in in the first place but dealt with them in some other way!

Motherofthemutt

Ok then another question if I may. What compulsion is there for the IP to act at all to determine the source of the funds when the money would remain locked in the account to my detriment and the benefit of the bank.

I should have said I would not be taking action against the IP but to the court for a declaration that the funds are in fact mine and a consequential order that they are paid from the account in which they now are. To that end I have invited the IP to accept the position or raise with me any questions they might reasonably require an answer to to determine the ownership of the gfunds having supplied proof that the funds are mine (and not my ex husband's).

Thanks for advice so far