Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
    Basic Account Holder Clydebank29 Novitiate Clydebank29's Avatar



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    Default 2430 Awarded but with a clause - Advice Needed

    I received an offer for the above amount today. However they are insisting that they transfer the funds into the account that I accrued the charges on, is this legal? They refuse to transfer it to my account at another bank and point black refuse to issue a cheque.

    I signed a Trust Deed(similiar to an I.V.A.) a number of years ago and the account that I accrued the charges on was included in the Trust Deed, therefore the account is still open but with Credit Management Department (RBOS) who will not allow any customer transactions but they are going to reduce the amount that we owed by the offer amount once transferred. As the debt amount at the time was covered by the trust deed are they allowed to do this?

    Please help urgently as I need to respond within 7 days.



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  2. #2
    Basic Account Holder Kurt_Hamster Novitiate Kurt_Hamster's Avatar



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    Default Re: 2430 Awarded but with a clause - Advice Needed

    What does the Trust Deed have to say about "windfalls"?

    Ordinarily the bank would indeed be entitled to use the monies from the refund to offset any debts you may have with them.


  3. #3
    Basic Account Holder Clydebank29 Novitiate Clydebank29's Avatar



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    Default Re: 2430 Awarded but with a clause - Advice Needed

    I am obligated to notify the Trustees of any change in income, not the bank,.


  4. #4
    Basic Account Holder Clydebank29 Novitiate Clydebank29's Avatar



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    Default Re: 2430 Awarded but with a clause - Advice Needed

    Does this mean I am snookered and this is why they offered the full amount so easily because they know i wont be able to get a penny.


  5. #5
    Basic Account Holder maryhillgull Novitiate maryhillgull's Avatar



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    Default Re: 2430 Awarded but with a clause - Advice Needed

    Basically yes you are snookered!


    I'm not sure if they can adjust the amount but I imagine the bank will try and notify the trustee that the original amount owed has been reduced, this will reduce the amount owed in total by the trust but I assume it was unlikely that you would have paid enough to cover the whole amount so this does not really help.

    It may be better to ask your trustee to intervene and insist the money goes into the trust and not just the banks pocket. Trust are governed by very complex set of rules so I would suggest you notify your trustee and see if they can help after all they are supposed to work for the benefit of all parties you included.

    Sorry I can't deliver any better news but I have been there myself and know how it feels.

    Cheers

    They don't like it up 'em Mr Mannering

    Abbey Claiming 1241.00
    S.A.R - (Subject Access Request) requested - 17/02/2007
    Prelim sent - 26/03/2007
    LBA sent - 13/04/2007
    Summary Cause - 22/05/2007
    Form 11 - 29/06/2007 (no defence submitted)
    Extract of Payment sent 01/08/2007 ALMOST THERE!
    *** WON *** Cheque recieved 13/9/2007

    Lloyds TSB Claiming 1335.00
    S.A.R - (Subject Access Request) sent - 07/03/2007
    Prelim sent - 13/04/2007
    LBA sent - 03/05/2007
    Summary Cause - 22/05/2007
    Form 11 - 29/06/2007 (no defence submitted)
    Extract of Payment sent 01/08/2007 ALMOST THERE
    **WON** Cheque received 6/9/2007
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