katsbubb v Abbey WON well sort of

[katsbubb]

Help please, Abbey paid in full plus charges plus interest the week before my hearing date. I still had to atend my hearing date as I hadn't received my cheque. The judge had gone home when I got to court as he said he didn't need to see me as abbey had wrote and said they would pay. Anyway to cut a long story short I received the cheque in my old complany name which has ceased trading. Abbey closed my business account due to being overdrawn (the full o/d amount was charges). I asked for the cheque to be in my name, the company was ltd but I was the sole director and a one man band. The cheque came in the company name which is useless as I can't cash it. Abbey will not change this as they say the debt was due to my company and not to me even though it was only me and refuse to change the cheque. I have even gone to high street cheque cashing places who won't touch it. My personal bank who I have been with for 18year won't cash it even though I have correspondance ect with my name and home address on it. The cheque if for just over £2500 and after all the pain of the last few months I really don't know what to do. Could someone please help??????

[Lula]

What name was the claim in? was it the company name or your name t/a a limited company?

[katsbubb]

Hi , it was in the company name but I was the only signotory on the account and the only shareholder. All correspondance was addressed to me with the company name underneath and sent to my home address. I asked for the cheque to be made payable to me but they just refused. Have I lost the money?

[Lula]

Hi again, to be honest, I havnt a clue, I can see Abbey saying that they can only address the cheque to the claimant i.e. the limited company but I have asked GaryH to take a look when he gets back from work, sorry i cant be of more help

[ICY]

The only way forward i can see is to contact the FOS, as it is clear abbey will not budge, with the hope they can force abbey to amend the cheque as you can prove the business is no longer operating, therefore it no longer has a bank account, hope you get it sorted

[katsbubb]

Hi thanks, I still have a reserve account in the company name which I can pay the cheque into but when I rang abbey and asked how I withdraw money from it they said you can't unless you transfer it to your current account of which of course i can't. I feel well and truely shafted and need the money to pay off business debts. Any advise appreciated and thants for the responses.

[katsbubb]

Any advise anyone?

[reka]

Originally Posted by katsbubb

Hi thanks, I still have a reserve account in the company name which I can pay the cheque into but when I rang abbey and asked how I withdraw money from it they said you can't unless you transfer it to your current account of which of course i can't. I feel well and truely shafted and need the money to pay off business debts. Any advise appreciated and thants for the responses.

erm, right let me get this right, you do still have an account in the company name?

Surely you can do money transfers from it to another account, or ask for a cheque to be written (Bankers draft cheque).

Once you have funds in an account, the primary signitory may make withdrawls/transfers. If you are unable to do this, then i suggest that you trawl through your terms and conditions of the account. It seems pointless to have an account that only allows you to transfer money into a "specific account" and that you are unable to change the particular "specific account".