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

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

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

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?

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

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

Cheers

Baslow138

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 rbs account that generated all the charges. Have you been refunded by cheque

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

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 rbs 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

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

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?

Actually, I've just thought about it and of course you will not benefit if you have an overdraft 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.

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 *******

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.

Good point! and Good luck!

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

I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account 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 overdraft and obviously thiers!

jIM

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 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 DMP 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

For interest 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!

Can I ask re court costs and other "external" costs, we have had to pay, how do we get at least this money back as it effectively means that we pay the banks extra for taking them to court, only for this money to be used to reduce balances etc anyway? - surely this is not right ??

You are quite right, court costs are separate and should not go into the "debt" pot (unless you paid for them from the same account).

What other "external" costs are you talking about?

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

I stipulated in my letters to RBS that I want a cheque which I can deposit into any UK bank a/c, don't know if they'll take any notice but at least I know that i've requested that in writing to them. Also, have been reading another thread on RBS section where 'Right of Appropriation of Settlement' was mentioned. I'm about to investigate whether I am entitled to invoke this right, but if I can, I will and will keep posting. Apparently, you have to put this in all your correspondence with them from the start, but I only read about it a few mins ago and I file on Mon!

Hope i've helped!

Good luck and best wishes:)