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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default RBOS agreed to pay but I want settlement by cheque

    I have asked to be payed in full by cheque because my rbos account was handed over to Credit Management Services(CMS) This account has a personal loan outstanding on it(taken out only to pay off account which was 80% bank charges)

    I wrote to them rejecting their offer of full payment into this account and asked for a cheque in settlement. I will then pay off the personal loan via regular direct debiticon.

    I have recieved a letter stating " The Bank's Customer Relations Unit has advised this office that you have accepted a Full and finalicon settlement for the reimursement of fees and charges on your account- I never signed the acceptance letter and did not return it

    A figure of £1100.00 has been credited to your account,which after repayemnt of any other borrowing,has bought your accounts into credit by £171.51 A cheque for this amount has been enclosed.

    Where do I go from here?

    Do I cut my losses or do I fight this all the way and reject this enforced offer and stiil demand a full cheque?

    All help gratefully accepted

    Cheers

    Baslow138

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  2. #2
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    Default Re: RBOS agreed to pay but I want settlement by cheque

    You can fight it, but you need to convince a judge to accept that you should be paid by cheque not through your account. Given that you owe them this money (I know it sucks), you will be hard fought to justify this to a judge because you ARE receiving your full settlement. There are lots of people in similar positions to you and they are generally being told that they don't really have much hope.

    JMO - would be interested to hear if anyone has a different opinion to this?

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  3. #3
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    Default Re: RBOS agreed to pay but I want settlement by cheque

    Unfortunatley T4ff is right.
    If you owe the bank money they are entitled to take what you owe them and give you ther difference,
    It sucks, but thats how the court would see it.
    Unless yo have good mitigating circumstances.


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    Default Re: RBOS agreed to pay but I want settlement by cheque

    This isn't an attack on the OP, but I can't see why people are getting so worked up about this issue of the bank paying off outstanding debts with bank charge refunds....

    Yes it would be nice to have a big fat wad of cash for the use of, but it's just as big a result, IMO, to be debt free and not servicing loans for the next 5 years.


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    Default Re: RBOS agreed to pay but I want settlement by cheque

    I think that in most cases, it would seem that the overdrafticon / DCAicon loan or whatever ends up being credited by the refund isn't the worst debt and therefore isn't the most important debt to pay off first.

    There can sometimes be those that would rather worry about debt at another time and would rather go see Mickey Mouse but I think the majority are faced with bigger threats hanging over their heads than a DCA managed loan agreement.

    Don't believe you are attacking and can understand your reason for asking - I always used to wonder the same. I think you do learn over time though that most people have a genuine reason for trying to obtain cheque payments in order to clear more critical debts first.

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

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  6. #6
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    Default Re: RBOS agreed to pay but I want settlement by cheque

    Spot on T4FF I wouldn't have taken out the debt if it wasn't constant threats on my house,family life,etc over a few quid from a 'respected' billion profit making company. We were talking a couple of payments not systematic fraud on my part.

    I want the right to pay off any loan I took out over the same timescale previously agreed. Only the unlawful bank charges added to the account took the account into CMS hands. I want control back


  7. #7
    NATTIE
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    Default Re: RBOS agreed to pay but I want settlement by cheque

    I should add which i have on many occasions that if an offer is made prior to suing the bank they can pay into an active account with any funds if it is at CMS and the account becomes in credit to be sent out via cheque as the account would be closed at that point. I know it is not what you want to hear but you will have to accept it. I know you have written to accept it providing a cheque is sent, which they but only for the difference.


  8. #8
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    Default Re: RBOS agreed to pay but I want settlement by cheque

    Quote Originally Posted by NATTIE View Post
    I should add which i have on many occasions that if an offer is made prior to suing the bank they can pay into an active account with any funds if it is at CMS and the account becomes in credit to be sent out via cheque as the account would be closed at that point. I know it is not what you want to hear but you will have to accept it. I know you have written to accept it providing a cheque is sent, which they but only for the difference.

    Not exactly! I wrote to say I would accept if a full settlement was paid by cheque. I did not accept any offer but they paid it into the account anyway


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    Default Re: RBOS agreed to pay but I want settlement by cheque

    You say the loan was made up of charges - did you claim back any of the loan?

    Read here http://www.consumeractiongroup.co.uk...-3-claims.html


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