Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    baslow138 Novitiate

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    Default Ha anyone actually had to stand up in court against the banks?

    It seems some claims are dealt with very quickly yet others are dragged as far as pocssible.Has anyone actually had to go through the full court process with the banks turning up?

    Im getting concerend now that they are going to take me all the way

    Regards

    Baslow138

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  2. #2
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    Default Offer recieved but money will paid into account under CMS control. advice needed

    Ive just been offered a settlement on my claim oddly £77.00 below what I was claiming but Im happy with it. My big problem is that the money will be paid into an account that I will not be able to access as because of all the charges issued previously. I think the company is called CMS and once the account is with them then RBOS cannot authorise anything without their consent.

    Would I be able to set up another account within RBOS and ask for my money to paid into that account? Any other ideas anyone?

    Cheers

    Baslow138


  3. #3
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    wll Ive talked to Credit Management services (CMS) and they say the offer of setlement will be paid into the account and will pay off existing debts( a personal loan taken out solely to pay the bank charges!) Once cleared the account is closed and I will have to make 'alternative banking arragements'

    Does anyone know of settlements being paid as a cheque or into alternative accounts?

    Baslow138


  4. #4
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    mbdiss Novitiate mbdiss's Avatar

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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    if you want it paid by cheque you need to inform them off this. but surly clearning your debt is a good thing? is your settlement more than the debt?


  5. #5
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    Quote Originally Posted by mbdiss View Post
    if you want it paid by cheque you need to inform them off this. but surly clearning your debt is a good thing? is your settlement more than the debt?
    I agree but I would like to clear the debt ( a personal loan) in a organised,month by month way. I have had no bank account for past year while this has been going on and need the money to clear more urgent debts.
    Has anyone been paid by cheque at all?

    Baslow138


  6. #6
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    Default Settlement refunded by Cheque

    Does anyone know of any instances when the RBOS has refunded charges by cheque rather than payment directly into an account?
    Cheers
    Baslow138


  7. #7
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    Default Re: Settlement refunded by Cheque

    Hi
    yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my RBSicon account that generated all the charges. Have you been refunded by cheque


  8. #8
    NATTIE
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    Default Re: Settlement refunded by Cheque

    yes when you actually sue them by filing a claim at court.


  9. #9
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    Default Re: Settlement refunded by Cheque

    Quote Originally Posted by airodek View Post
    Hi
    yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my RBSicon account that generated all the charges. Have you been refunded by cheque
    No just an offer to pay into a CMS controled account.Why should I be dictated by them where MY money goes? The debt was solely driven by charges and the account kept from the courts by paying in money from other accounts( very often loans from mates!)

    Baslow138


  10. #10
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    Default Re: Settlement refunded by Cheque

    Quote Originally Posted by NATTIE View Post
    yes when you actually sue them by filing a claim at court.
    So basically refuse/ignore the offer and take it to court with the stipulation that any award is paid by cheque?

    Baslow138


  11. #11
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    marcelle Novitiate

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    Default Re: Settlement refunded by Cheque

    Pardon my naivity but does it matter whether it gets paid into your account or cheque as if it's paid into your account, can't you just withdraw and put into your chosen account?


  12. #12
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    Default Re: Settlement refunded by Cheque

    Actually, I've just thought about it and of course you will not benefit if you have an overdrafticon and you don't want them to refund your money in case it swallows the overdraft and they may well close your overdraft for you. OK, I get it now.


  13. #13
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    Default Re: Settlement refunded by Cheque

    Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******


  14. #14
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    Default Re: Settlement refunded by Cheque

    Quote Originally Posted by Me.x View Post
    Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******
    My plan now is to go to court to specifically ask for the cheque to be paid to me with no stipualtion which account it is paid into.

    After all I wouldnt have been overdrawn and had to take a loan out,been threatened with court action if it wasnt for illegal charges.


  15. #15
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    Default Re: Settlement refunded by Cheque

    Good point! and Good luck!


  16. #16
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute accounticon then you should by able to pay this into there right? - Please correct me if I am wrong?

    01.08.06 - RBOS - S.A.R - (Subject Access Request) request

    01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent
    03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment
    03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

  17. #17
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    Quote Originally Posted by flyboy80 View Post
    I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute accounticon then you should by able to pay this into there right? - Please correct me if I am wrong?
    No apparently they pay it to you but it stipulates which bank account it gets paid into ie the one with the loan or overdrafticon and obviously thiers!

    jIM


  18. #18
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    I have heard of people getting round this by cashing these with cheque cashing companies but then you're losing money to the cash converters!

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
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    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  19. #19
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    Default Re: Offer recieved but money will paid into account under CMS control. advice needed

    If you have outstanding debt with the company your claiming from then they generally have a right to offset monies against that debt.

    If your in an IVA or formal dmpicon then you have a right to ask for the money in a cheque and go to court to get it. However, the purpose of getting the cheque is not to buy new shoes etc, but so you can distribute your windfall pro rata to all your creditors.

    I have been paid by cheque for all of mine but then all my accounts are closed. I don't think many people if any, have been paid by cheque where they have a debt with the bank.

    Probably no help but i think this about right, finally if you insist on a cheque and they refuse you have to decide if you would go to court over the method of payment?

    HTH

    Glenn

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    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
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    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  20. #20
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    Default Re: Settlement refunded by Cheque

    For interesticon take a little look at the thread "help"can they make me pay o/draft with refund" There is a good debate going on over the same thing!

    RBS - Settled in full -3k


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