Refunding To Specific Accounts

**Mgizmogpc** · 26th May 2006 20:07

Hi
This is a general question which will apply to most users of this site, so all info is welcome.
Given that a specific Bank/ Card holder/Organisation ( insert your own personal nemesis here ) agrees to refund charges rather than go to court. Are they legally obliged to refund it from the acount from which it was taken? Or, are you allowed to specify the terms for repayment?
If you agree to the repayment + any other terms and the method of repayment is the only sticking point, if you refuse to terminate the claim on this basis because if the refund goes to an account you cannot access because they call in your overdraft icon

or the account is closed and they will use the sum to offset any arrears. Will the Judge take a dim view of your refusal to settle thus jeopardising your case, or can you stick to your guns and demand repayment by any means you so wish, given that it is your money legally and therefore would have been yours to dispose of at will if it had not been taken from you unlawfully.
Some people on this site may be hoping to use their recouped funds for more pressing purposes other than satisfying a spiralled overdraft ( ie; mortgage icon

, food on the table ) that sort of thing. Any input welcome on this one. The fact that they will not go to court is a plus but how far can this refund method issue be pushed before you sound unreasonable to a court for failing to negotiate????

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**mahala** · 26th May 2006 22:24

I can't imagine that they have to pay it back to the account it was takem from - in many cases the account in question is closed anyway. They may try to influence how it is paid, but it's your money so in most cases you can dictate how it's paid.

**jonni2bad** · 26th May 2006 23:29

I need further clarification from more knowledgable sources before replying and will be asking BankFodder shortly to clarify this for us, if possible.

I also need to be sure, as my case is now at court stage and I really don't want them paying off the remaining debt on this closed account.

He has previously stated that he believes we could force the issue, although I'm not too sure about the issue of taking this to court on that issue if they have offered the full amount etc.

I will get back to you asap.

**lookinforinfo** · 27th May 2006 16:53

If the matter is settled out of Court, then you can elect to be paid by cheque
as Dave has successfully done twice as recorded in an earlier post. After all it is
your money, and how you wish to disburse of it is entirely up to you. And it is
not classed as income from a tax angle. It wouldn't do any harm of course to
reduce your debt with them by some of the proceeds though.

When a settlement is being offered, one of the clauses sometimes includes that
the money is to be paid into your current account. If that is unacceptable, then to refuse it is no different to refusing to accept a gagging order or any other
stipulation that they may make. Indeed the more clauses that you deny, the
weaker the bank case becomes for your refusal to accept.

One would have thought the same conditions applied when winning in Court.
Though I do remember a post by Lueeze in which she said that the bank could
then decide! It seems a strange proviso.
Surely it cannot be equitable that a wrongdoer has the right to stipulate how to
refund money that has been proved does not belong to them.

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