full unexpected offer!!!!!!

[jmac999]

Hi,

following my court claim and them puttin in a defence for extra time NatWest have supprised me.

NatWest have just offered me all the 800 odd quid back (my whole claim). I recieved a recorded delivery this am with a letter saying it was commercialy unviable for them to carry on.

There is a cheque attached for the full cash. The cheque however states pay me 800 pounds into ********account.

Im confused. My NatWest acccount hasjust under 200 pound left to pay off in dept and is with their dept collection acgency interum justica. The account is not shut nut acepts repyments.

I would like to know 3 things.

1. The cheque is made out to me from RBS litigation section but has the NatWest (cos RBS own NatWest now) account number on it. Can i cash it anywhere? im worried it will only cash in my natweat account and that i wont see the money cos it will go to pay off the outstanding debt (see below)

2. The outstanding monies owed on that account. Should I contact them and say clear it and send me another (smaller) cheque or just continue to pay off the last of the money. Baring in mind this last 200 odd quid reflects the last of their charges on this very old account.

3. I had a defalt on this account attached to my name for 500 quid which runs out in sept 07(after 6 yrs). Their offer is for just over 800 quid. If i persue court stuff can i get this removed earlier? If i say thanks i will take your offer but can you take it off...will this work?

sorry for the lond rant and beg for advice but im sitting here with the cheque and dont know if their tryin to pull a fast one.

jmac x x xx x x

[natwesttookmymoney]

Well, first of all -

Congratulations!

You've won - well done!

What you do now is up to you.

You can TRY to pay the cheque into your parachute account - in which case, great! No problem, no discussion. Alternatively, you can pay it into your NatWest account, which will pay off your OD and leave you with £600. Which you can then transfer anywhere you like, including into the trousersnake's den (your pocket, in case you're wondering).

The attraction to me of putting it into an account they've registered a default against - and have specified it should go there - is that they have, de facto, admitted you never owed them the money adn they shouldn't have registered the default. It should make any action to get the default removed very straightforward.

On the other hand - if you have an arrangement to pay off the O/D, then it's tempting to stick with it and keep the whole £800 - knowing you're going to be paying whatever it is a month into the NW a/c. You can still move to get the default struck out, though.

Over to you.

[jmac999]

Thanks Westey,

When you said

"The attraction to me of putting it into an account they've registered a default against - and have specified it should go there - is that they have, de facto, admitted you never owed them the money adn they shouldn't have registered the default. It should make any action to get the default removed very straightforward."

How do you think can go about removing the defalt?

I was gonna call them and say thanks for the offer, I will take it but i want the defalt removed. IS that sensible?

Cheers for the congrats too.

jmac.

[natwesttookmymoney]

Hi, jmac
I should write to them, accepting the settlement and advising them you will be withdrawing the claim. But don't do so until AFTER the cheque has cleared. I'd include in the letter a request to them to remove the default and give them 14 days to reply.
If they don't reply, or refuse, warn them that you will be starting an action to get the default removed and giving them another 14 days. If you hear nothing, come back again.
Delighted for you. Well done.
Westy

[jmac999]

Westy Thanks again for the advice. Im putting my cheque in today. Will keep you posted.

Jmac.

[jmac999]

Hi Westy,

The NatWest cheaque is cleared

I sent the letter to request defalt removal on around the 20th Dec 06. No response.

I have been getting calls and letters from Interum Justicia demading the outstanding 127 quid. They are part of NatWest/rbs group i think?

What I was confused about is this:

1. The cheaque i got from NatWest covered all charges and the court fees. I was sent to interum for dept recovery for over 800 qud with only 127 left to pay. The default was for 800 quid.

I am requesting removal of the defalt and cancellation (which is what i requested in my letter) of the outstanding 127quid. Is this a bit cheeky? Do I still owe them this money? I think I must because it was related to unauthorised borrowing but inflatted as I had charges applied.

2. What kind of letter do I send to the RBS/NatWest litigation dept...I couldnt find one in the template library. Is it the same procedure for defalt removal request when appliying to the courts?

Thanks again.

Jmac.

[jmac999]

PS i havnt forgot about the CAG donation

[zootscoot]

Hi Jmac,

Did you specify you wanted the default removed in your particulars of claim?

[jmac999]

I did in the LBA but dont think I did so in the Particulars......

[zootscoot]

You can try making it conditional of your settlement, however, if they have already offered the full amount of your claim, you have little choice but to accept.

[jmac999]

Thanks again, Z for your help.