Thread: Can they give my money to a DCA if asked for a cheque?

Hi

In summary, my aunty claimed 5k and was offered 4800 after lba.

She signed the acceptenace form and crossed off that they would pay it into the account and wrote that she wanted a cheque.

She called them today and they said they are giving it to Moorcroft, their DCA and won't issue a cheque.

As their offer was less than she wanted to claim, can she now withdraw her acceptance and file an MCOL for the full amount?

write to them don't phone
tell them there are other debts also
and as it is HER money
SHE decides who gets it
and it will be shared equally

it is her money they wrongly charged her NOT theirs

dx100uk

I agree with you both.

She has called them though.

I am thinking of doing the following:

1.Writing to them to advise them that the payment made is not acknowledged

2.issue MCOL for the full amount.


They have already put it in the account with the DCA and have said they can't remove it...

as she signed the acceptance form there are possible issues with now not acking the payment.
i would be more inclined to include something along the lines of not paid via the request method.
advise them that for everyday the money is not available to use as request you will charge them at their overdraft interest rate.
it is not THEIR money, they cannot do what they like with it!
if the matter is not resolved to your satisfaction is 7 days
you will proceed with court action for the full amount plus interest as per section 69.

dx100uk

Originally Posted by dx100uk

as she signed the acceptance form there are possible issues with now not acking the payment.
i would be more inclined to include something along the lines of not paid via the request method.
advise them that for everyday the money is not available to use as request you will charge them at their overdraft interest rate.
it is not THEIR money, they cannot do what they like with it!
if the matter is not resolved to your satisfaction is 7 days
you will proceed with court action for the full amount plus interest as per section 69.

dx100uk

Thanks DX, we have done this now!!

ok, so thye called my aunty 20 mins after receiving her letter to tell her the money had been removed from the account

Nothing else - they just said "Mrs un1boy's aunty, It's whoever I am from the RBS, we have removed the payment from your account"

Also, the solicitor said, "I don't know what your problem is - you've got the money."

Sheesh....

It's her money, not theirs....apparently the fos said that they have to issue her with a cheque if that's what she requested and that they can't just put it into her account.

so, quite a good result at the mo - she has given them until fri to get the cheque, if not received then we will issue MCOLS

well done great news
she must be pleased.
keep up the good work

any more help just ask

dx100uk

Yeh, she is pleased - I just can't believe the attitude of the people that work there, especially the solicitor!

We are giving them until friday and if no cheque, then MCOL will be issued...

Thanks for all ur help guys!!

This is quite interesting because I was always under the impression that it would be difficult to enforce payment in the manner you request and I've said this to a lot of people over the months as I was told the same a long while back.

This is a bit of a turnaround and I would imagine that this will be of a lot of use to a lot of other people.

Would you mind giving a brief bit of what she / you did to get this overturned? How were the fos involved?

Originally Posted by T4FF

This is quite interesting because I was always under the impression that it would be difficult to enforce payment in the manner you request and I've said this to a lot of people over the months as I was told the same a long while back.

This is a bit of a turnaround and I would imagine that this will be of a lot of use to a lot of other people.

Would you mind giving a brief bit of what she / you did to get this overturned? How were the fos involved?

Ok, here goes:

RBS offered about £150 short of full claim amount.

They gave a form asking her to sign and it said it would be put in her account.

I told her to cross off the account bit and write that she wanted a cheque, within 7 days.

She faxed this off and 6 days later called them to chase it. They said it wasn't on their screens etc, and said it would be put into the account with the DCA.

I told her to advise RBS that this would not happen as she had requested a cheque and if they didn't accpet those terms, they shuldn't have paid her - this is because she would have issued MCOL if she wasn['t getting a cheque.

Anyway, they put the cash in her account and she told them to take it out. They said they couldn't and that they wouldn't.

So, she called the FSA who said they can pay it how they want. The FOS on the other hand siad they couldn't (there was no complaint made with the FOS, just "advice").

RBS kept sayig that because she had signed the form, ,she had accepted the payout, even though she had requested a cheque.

She called the solicitors who said, "I don't know what your problem is, you've got the money" and she said, it's my money - not urs.


It took a few calls, and they were really rude to my aunty, saying they had a right to recoever money owed to them first etc - they even put the phone down on my aunty - just because the lady said, "we have your signed acceptance form here, I'm looking at it" and my aunty said, "Yes, and if you read it, it says "as a cheque, within 7 days!" The lady then saud, "I am not talking to you anymore Mrs. un1boy's aunty" and put the phone down!!!

So, I wrote her a letter saying that she didn't acknowledge the payment they had made as it wasn't made by the terms of here acceptance. It also said that she wowuld begin legal proceedings for the full amount, plus costs, plus interest if she hadn't had the cheque by firday.

She was called 20 mins later to say they has removed the money.

We don't know what's happening now, but if she doesn't get the cheque by firday, we are issuing MCOL.....

Great news for you! Thanks very much for detailing, the contact with the fos is interesting.

Originally Posted by T4FF

Great news for you! Thanks very much for detailing, the contact with the fos is interesting.

Indeed - I'll keep you updated.

Originally Posted by welshcakes

Interesting differing advise from FSA and FOC.

I note the chairman of FOC is Chris Kelly, formerly director of monetary & fiscal policy and director of the budget & public finances at HM Treasury.

Am I right in understanding that the FSA isn't necessary independent ie totally without prejudical interest? Aren't some of their board members ex bankers?

The FSA is a limited compnay and its board are appointed by the treasury!

Their budget of 600million per year is paid by all companies it regulates!

Originally Posted by un1boy

Ok, here goes:

RBS offered about £150 short of full claim amount.

They gave a form asking her to sign and it said it would be put in her account.

I told her to cross off the account bit and write that she wanted a cheque, within 7 days.

She faxed this off and 6 days later called them to chase it. They said it wasn't on their screens etc, and said it would be put into the account with the DCA.

I told her to advise RBS that this would not happen as she had requested a cheque and if they didn't accpet those terms, they shuldn't have paid her - this is because she would have issued MCOL if she wasn['t getting a cheque.

Anyway, they put the cash in her account and she told them to take it out. They said they couldn't and that they wouldn't.

So, she called the FSA who said they can pay it how they want. The fos on the other hand siad they couldn't (there was no complaint made with the FOS, just "advice").

RBS kept sayig that because she had signed the form, ,she had accepted the payout, even though she had requested a cheque.

She called the solicitors who said, "I don't know what your problem is, you've got the money" and she said, it's my money - not urs.


It took a few calls, and they were really rude to my aunty, saying they had a right to recoever money owed to them first etc - they even put the phone down on my aunty - just because the lady said, "we have your signed acceptance form here, I'm looking at it" and my aunty said, "Yes, and if you read it, it says "as a cheque, within 7 days!" The lady then saud, "I am not talking to you anymore Mrs. un1boy's aunty" and put the phone down!!!

So, I wrote her a letter saying that she didn't acknowledge the payment they had made as it wasn't made by the terms of here acceptance. It also said that she wowuld begin legal proceedings for the full amount, plus costs, plus interest if she hadn't had the cheque by firday.

She was called 20 mins later to say they has removed the money.

We don't know what's happening now, but if she doesn't get the cheque by firday, we are issuing MCOL.....

The FOS have said that they would take on our case if we don't go to court as RBS have removed the money form her account and thus are deemed to have not paid her!!!

The FOS were surprised that RBS were paying people like that......

We are gonna take it to court out of principle now, but I would suggest anyone else in this position to contact the FOS.....

Good Luck !!!!!!!

Thanks for the luck MCP

We are now taking this to court - so, they are well and truly screwed now!! and extra 1500 pounds....