Answer Still Unclear - Repayment Method Rights!!

**senanbyrne** · 17th January 2007 16:07

I know that this question has come up a few times but it has yet to be answered properly.

When the bank decide to pay up, do they have a right to just pay the money back into your account if it is in arrears and with collections, or do we have a right to demand payment by cheque?

I have a student account that is £1800 DR on an overdraft allowance of £1200. I am claiming back over £800 in charges and the court papers were issued this week. My account is currently with collections.

I know this question has not been answered properly yet but if anybody does know, please help. Also, I think the answer should be posted on the FAQ or sticky if we do get one.

Thanks a lot.

Similar Threads:

NATTIE · 17th January 2007 19:48

bump but I think you can ask for it in carrots if you so wish

**lookinforinfo** · 17th January 2007 20:05

When you put in your claim, did you also ask to be paid by cheque?

**skinttrev** · 17th January 2007 20:11

Are you asking for them to pay you money that you have not paid out in charges in the first place ? . Your litigation may end sooner if you offset the charges against the balance that you owe.

**Magicgav** · 17th January 2007 22:34

You can't really object if the bank pay the monies straight into your account

Requesting payment via cheque is an option but not an automatic right

**tifo** · 18th January 2007 19:17

i am in the same situation.

a lot of my accounts are with DCA icon

's and i do not want any payments to go to them, especially the accounts that have been sold.

i want the bank to pay ME and then i can settle with the DCA.

if they have sold the account, then do they have a right to pay the DCA who bought it? I don't hope so ....

**Mindzai** · 18th January 2007 20:03

Originally Posted by Magicgav

You can't really object if the bank pay the monies straight into your account

Requesting payment via cheque is an option but not an automatic right

On what legal basis is that statement made?

**Jimbo44** · 18th January 2007 20:58

Originally Posted by Magicgav

You can't really object if the bank pay the monies straight into your account

I can think of many reasons someone might not want a 'refund' of their own money to be paid into an account with the institution that took it in the first place.

Originally Posted by Magicav

Requesting payment via cheque is an option but not an automatic right

I'm of the same opinion as Nattie; you can request payment to be made by any means you wish.

**senanbyrne** · 18th January 2007 23:27

I contacted Lloyds icon

collections department today and arranged to begin paying 20 pounds per month.

They have therefore increased my overdraft icon

from 1200 to 1900 so that I no longer recieve and charges so long as the 20 pounds is in by the 19th of every month. The overdraft then reduces by 20 pounds every month, so all charges are frozen.

I was also quite open with the man on the phone about my dispute over charges. I let him know that the court papers have been issued this week and that I was confident of recovering my lost funds.

I then asked him if the money was paid back into the account during this agreement what would happen. He said that any addtional funds added to the account now will be mine and Lloyds will only be takin 20 per month for 6 months.

It seems a bit dodgy to me. I bet when they refund the charges, they close the account down. But I hope not. Nevertheless, I will still try to get a cheque payment.

**Jimbo44** · 19th January 2007 04:42

As you made this arangement by 'phone I would also write to the Collections Department and confirm the verbal arrangement and also the verbal comments they made. In other words, confirm your impressions of the conversation.

At least this way you have something in writing in case it all goes pear-shaped later on. The bank and you then have a written record of what you believe to have been agreed. As a further precaution I would get a Certificate of Posting (free) too!

**Mindzai** · 19th January 2007 08:53

Yes very good advice. I would not trust Lloyds icon

for a second, especially their collections department. I've had them lie to me on more than one occasion, so get everything in writing.

**angry cat** · 19th January 2007 09:44

I believe that senanbyrne was asking for a clear answer to her query!

What exactly is the legal position-
If one has requested repayment in the form of a cheque but the bank will only credit the money into ones account.

Does the bank have the Right to pay the money into ones account, as opposed to making the payment by cheque?

AC

**j.barton1** · 19th January 2007 10:41

Hi, In some of the posts they have paid by a CHAPS bank to bank transfer, i suggest you ask for that. I have a claim against Barclays icon

, and a o/d account. I have a good account with Natwest icon

which i will ask them to pay into...i did ask for a cheque, which some banks have sent out. I think each bank is different so there is'nt a clear answer.
Hope it helps......Jenny

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