Have been liaising with Tommy McLean (very nice chap) and he has agreed to pay me £ 2717 owed in charges. However, because i have an outstanding debt on my joint account with RBS (my account is now held with their Credit Mgmt Dept) he says he needs authority from the Credit Mgmt Dept to pay me by cheque. I dont have any access to my joint account anymore, therefore if the money was paid into it i would not be able to withdraw anything. I wrote and spoke to Credit Mgmt and they have refused to give Tommy authority to pay me by cheque. Instead they want to use the money to reduce my outstanding debt on the joint account (i have an agreement to pay back at £30 month). I have spoken to Tommy on a few occassions and he just says its managements decision that if money is owed to an account they will only be able to credit that account, and not pay by any other means.

Seems i have come to a stalemate as neither side will give in. Desperately need help on what to do next. Would it be worth taking this to court to get my money back 'cash in hand' so to speak, or do you think the courts would say RBS are in the right. Also thought of writing to my solicitor to ask his opinion.

Please help.

Have been liaising with Tommy McLean (very nice chap) and he has agreed to pay me £ 2717 owed in charges. However, because i have an outstanding debt on my joint account with RBS (my account is now held with their Credit Mgmt Dept) he says he needs authority from the Credit Mgmt Dept to pay me by cheque. I dont have any access to my joint account anymore, therefore if the money was paid into it i would not be able to withdraw anything. I wrote and spoke to Credit Mgmt and they have refused to give Tommy authority to pay me by cheque. Instead they want to use the money to reduce my outstanding debt on the joint account (i have an agreement to pay back at £30 month). I have spoken to Tommy on a few occassions and he just says its managements decision that if money is owed to an account they will only be able to credit that account, and not pay by any other means.

Seems i have come to a stalemate as neither side will give in. Desperately need help on what to do next. Would it be worth taking this to court to get my money back 'cash in hand' so to speak, or do you think the courts would say RBS are in the right. Also thought of writing to my solicitor to ask his opinion.

Please help.

Pauline now is the time to get firmly in the driving seat.

While I am not saying Tommy is not a nice chap I am saying that you have given them enough time on this.

Have you got your statements and how much is penalty charges ?

Have you sent the prelim letter...if not why ?

If so have you sent the Lba ? if not why ?

Tell me is the debt still being administered at Telford ?

who is taking the 30 quid how long have you been paying it and is this a default ?

Enough is Enough and the only thing they will respond to is Court action I know this means dealing with Cobbetts (something most people would rather avoid ) but this is the ONLY way forward.

You can ask in your claim that you be given rights of appropriation to have the money paid by cheque to you but we will deal with this later.

Lets start by having some answers to these questions so we can get a firm plan of action together to put YOU back in control.

If you are reading Tommy....Happy new year...I am sorry but you had enough time to sort this one....if you cant do that then we WILL

Ok thanks Pauline I will post that here.

Thanks Martin,

Not dealing with Cobbets as i live in Aberdeen, Scotland. I owe £4678 on my joint account and £2084 on my own account, totalling £6763. I managed to get the £450 charges back in cash from my own account, but for convenience Credit Mgmt have merged the 2 accounts together. So i am claiming £2717 on joint account only. I'm not sure if the £30 a month i am paying to pay back on these accounts is a result of penalty charges, but i would think so, as charges wuld have built up on both accounts each month when i could not pay RBS back. I have asked for statements to be sent so i can find out how much i owed RBS before i got into trouble and how much was put on top in charges. I certainly dont remember owing them that much !!!!! The overdraft for the joint account was only £2000 and on my own account was £1500.

I am paying back to RBS direct by standing order. Have started this as a new thread as accidently wiped off my other one !!!!

Lets have a think about this.

I think its case of sending SAR for statements to RBS

Also sending CCA to Credit man Services for a copy of all your dealings with them in relation to the debts.

Penalty charges are £2717 at the moment give or take a few pounds/pence. I have all the statements for last 3/4 years. I did the usual. Sent Prelim letter, then LBA. Got the usual 'sod off' reply. Then decided to send anther LBA threatening Ordinary Action through my solicitor. That made them sit up and listen. Tommy replied with an offer of £1500 but on the understaning it would be paid into my joint account to which i have no access anymore. I told him i would accept offer in principle but would be claiming the rest. Then had to go through all the stuff re Credit Mgmt etc etc. I came to an agreement with RBS to pay them £30 month to clear the total debts on both the joint and my own account, to which they agreed. The debts includes charges incurred on the joint account only, as i have managed to get back the £450 owed in charges to me from my own account. Am happy to start an Ordinary Action and not scared to do so as will use my solicitor in edinburgh, but if they have agreed to pay me, but not as i want (via cheque) whats my chaces of a judge agreeing to this. Have kept all correspondence and in every letter asked to be paid via cheque.

Hope this clarifys everything. Think our mails crossed each other last time lol

Pauline

x

By the way martin whats a CCA ?

Spoke to Credit Mgmt this morning and requested statements etc as i wanted to know what the balance on the joint account was before started incuring charges.

Unicorn96,

Two points. It is unlikely that a sheriff will find against RBS if they pay any refund back into your account, which is still open and will continue to be until the debt is repaid.

Secondly, the Bank would be entitled to raise a counterclaim against you for the whole amount you owe. You could argue that you have a pre-existing agreement with them to repay this at £30 a month, but by raising the action against them you may be justifying them in defending the action with such a counterclaim.

Your best shot appears to be to raise the action and rely on the pre-existing agreement, but if the Bank simply restore funds to your account, I know of no sheriff who would hold that, because the payment was not made by cheque, the claim has not been satisfied.