new problem, help needed

[Jen Runciman]

Hi you wonderful people.

 

Well i am pleased to say that the bank have 'without admitting liability' agreed to pay back all my bank charges. i received a letter from them with an out of court settlement, after i won by default through money claim online??!! Now the problem is they are insisting that they pay this money into my account (already in my account and was before i received their letter!!!) which is overdrawn and is on an enquiry only status, so the little bit of money that is left i can't even access!! Now correct me if i'm wrong but i understood that they had to settle by cheque when it went to court.

 

I phoned the bank on Friday and told them i wanted this in cheque and they told me it was the bank's policy to refund the charges into the account from which they were taken. While i am chuffed to bits to have won this i still feel that this is my money and it's up to me which debt i pay off!!!

 

HELP. Can anyone help me, i wondered if i can reject their offer and serve a warrant through the court, or is there another possible route to take.

[gemspan]

Hi there

 

You stipulate how you want the money - not them. Phone them back and tell them that unless they remove it from your bank account and send you a cheque you will be proceeding to court.

 

This is yet another way that the banks are trying to exert their power. So they have a "policy" now do they? What the bank is failing to recognise is that this is "your" money not "theirs" - not matter what their policy is. What bank are you with? If its RBS then I got the money paid to me by cheque so they are talking rubbish. I am about to sort BOS out tomorrow and will only accept a cheque from them too.

 

Good luck. Be firm with them. Who do they think they are? Cheek!!!!

 

Annie

[Jen Runciman]

But here lies the problem Annie, i have already taken them to court and won by default but they still paid the money into the account. i'm with BOS by the way. Do you mean i should threaten them with a warrant from the court?

 

Thanks

 

Jen

[gemspan]

Hi Jen

 

Well, if you have the judgment by default then it is up to you to decide how you want it paid. It is not up to BOS to tell you how they are going to pay it. By paying it into an account with an overdraft they are effectively paying themselves, which completely defeats the purpose. I would contact the court tomorrow and ask them what you should do about it ie tell them you want it paid by cheque and not into your account. See what they say. If they say its your choice then advise BOS you will proceed with the action if they dont pay you by cheque.

 

One thing I think is really funny. BOS now have a "policy" on repaying charges. Obviously they think they are going to get lots more claims then and realise now that the charges are unlawful!!!! ha ha ha

 

Good luck

Annie

[isidore]

I think you should really stress your point about the "enquiry only" status and therefore you have not received any money from the bank. You settlement has not been met.

 

Discuss this with the courts tomorrow - ok they have offered an out of court settlement which they have already paid you but it also looks like you didn't agree to this settlement either?

 

Ensure you first have everything laid out in your head in case you have to argue the case - the judge / whoever you speak to COULD disagree with you.

 

Ensure you outline that it is your perogative which debt you pay off, that you are unable to obtain any of your settlement and any other argument you want to put forward.