Thought I would resurrect this thread, as it is a topic very applicable to me, and wonder if anyone has an update / alternative opinion?
I too run my own Ltd. Co. but have an IVA in my own name (literally only agreed at end of July).
As I understand it, I as an individual am a separate legal entity to my Ltd. Co.
Coincidentally, I also had an overdrawn personal current account, and unsecured loan with Santander, with whom I also still have my Ltd. Co. Business account (which is not, nor ever has been, overdrawn).
Therefore, I don't think Santander have the right to set-off my personal debt against any funds in my business account.
However, as a precaution, with all accounts being registered to my home address, I set up another bus. bank acc, but have kept the Santander one open, albeit with minimal funds (1p) as they are about the only business account that are genuinely fee-free.
Would be interested to hear of other experiences of the self-employed in an IVA, and I stand to be corrected on any of the my points/opinions by a forum expert, but I think the best advice is:
If you are self-employed and prior to entering into an personal (as opposed to a corporate / business / commercial etc.) IVA:
1). Most importantly, get yourself set up as a Ltd. Co (to legally and from a creditor's viewpoint 'separate' your business from you as an individual; and
2). Seriously consider opening an alternative bus. bank acc. if you have your account at the same (or linked) institution as a personal creditor, just in case.
My opinions are just that: Based on my experience and being a self-employed IVA customer.