I want my lolly!! **WON**

[sbb1979]

Congratulations!!

Always so good to hear when people finally get their money! Reminds me why I'm doing all of this! Hopefully mine won't be too long either although Natwest still haven't filed a defence!

If it says on the cheque that it can only be paid into a particular account then it probably can only be paid into that account. You could ask them to send another cheque, but would I'm sure prefer to just get your hands on the actual money ASAP! If they're just requesting that you pay it into that account then maybe worth phoning them. Let them know that you want an unconditional payment and if they won't allow you to pay it into another account then the deal is off and you'll see them in court! I think that I'd just be keen to get the cheque cashed asap.

[Ollie-Bollie]

Thank you Katesage. It was a lovely moment I can assure you. Cobbett's letter contained the usual "without any admission of liability" blah blah and "acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1. "you agree not to disclose to any third party the fact of, or any

details relating to, this payment" .........oooooops!

 

 

2. "you write to the Court withdrawing your claim"

 

 

We intend photo-copying the letter and returning it to Cobbetts with the first clause scored through and initialled by us.

 

They also enclosed 2 copies of a Notice of Discontinuance - which they ask us to complete, sending one to the court and one back to themselves. Which we will do without delay.

[Ollie-Bollie]

The reason we are reluctant to deposit it into NatWest Coffers is that we have an overdraft of just under twice the amount of the cheque and wonder whether they can offset the amount of the cheque against o/d amount. Is this a crafty move on Natwest's behalf??

 

Does anyone know if this is possible, legal?

[sbb1979]

They can do whatever they want if you agree to it. If they give you a cheque that can only be paid into the Natwest account and you accept that then it will probably just reduce your overdraft and in reality you won't see any of the money. If you tell them that it has to be unconditional and you therefore need to be able to pay it into any account that you wish, they may or may not accept that. If they don't accept that then you may have to call their bluff.

 

A difficult one.....

 

Good luck!

[kateandpete]

CONGRATULATIONS!

It was always just a matter of time, eh!

 

I'm not sure about the issue of specifying the account. They did that for us, but I wasn't that bothered. It does seem unfair mind you.

 

I didn't post the notices of discontinuance until the money was available as cleared, available funds. You could make this clear when you tell them you don't agree to the confidentiality clause. Then you could takes the money out on the day it clears.

 

Enjoy your winnings!

[kateandpete]

You could return the cheque and make it clear that you don't want an account specified. I can't think there's any way they would rather continue with defending the claim than do that.

[Ollie-Bollie]

They can do whatever they want if you agree to it. If they give you a cheque that can only be paid into the NatWest account and you accept that then it will probably just reduce your overdraft and in reality you won't see any of the money. If you tell them that it has to be unconditional and you therefore need to be able to pay it into any account that you wish, they may or may not accept that. If they don't accept that then you may have to call their bluff.

 

A difficult one.....

 

Good luck!

 

A difficult one indeed SBB - I am tempted to send the cheque back to Cobbetts with a letter stating that we perceive that to be a condition of settlement (the fact that we can only deposit it into the NW a/c) and as such cannot accept and therefore the claim is not settled and we will continue with it.

 

Wonder if this has happened to anyone else?

[Wheresmewallet]

I would have thought you could do whatever you want with the money - even if it is paid into your Natwest account.

I would imagine the bank would want you to have a authorised overdraft. Remember. You are paying them interest on that overdraft.

It is when you start going into un-authorised territory when the fun begins as this is when you will obviously start getting charged left, right and centre.

So i suppose it is

a/ a case of keeping the account in order and keeping it in just authorised overdraft,

b/ wipe out your overdraft

c/ see my post on your thread (bottom of page 5).

You are in a similar posistion as us - the cheque (hopefully when I get it) is just over twice the amount of the overdraft the account currently is in. In the end, I'm sure it will come down to what you and the bank agree on

This is the path i'm going to try and take anyway way when hopefully in the not too distant future I get my cheque through the post

[sbb1979]

I would imagine that it probably has happened to other people.

 

It may well be the case that they wouldn't reduce your overdraft and you could therefore take the money out and put it into another account anyway, but you can't be sure. There's no question that if they won't let you pay it into another account, then that is a condition and you are perfectly within your rights to reject it. I very much doubt that they'd then decide to go to court based on this, but you never know!

[Ollie-Bollie]

I would imagine that it probably has happened to other people.

 

It may well be the case that they wouldn't reduce your overdraft and you could therefore take the money out and put it into another account anyway, but you can't be sure. There's no question that if they won't let you pay it into another account, then that is a condition and you are perfectly within your rights to reject it. I very much doubt that they'd then decide to go to court based on this, but you never know!

 

Thank you, for your considered opinion SBB will wait to see if we get a concensus on any further replies we might get. ;-)

[Ollie-Bollie]

 

You are in a similar posistion as us - the cheque (hopefully when I get it) is just over twice the amount of the overdraft the account currently is in.

 

Well not quite WMW - our OD is just under twice the amount of the cheque - i.e. £3,200 per month. Which , incidently NW increased without any consultation with us at all when we were both in full time work and our joint salaries were just shy of this, net per month.

 

Thank you for your input - it is very much appreciated. ;-)

[Ollie-Bollie]

You could return the cheque and make it clear that you don't want an account specified. I can't think there's any way they would rather continue with defending the claim than do that.

 

Thank you K&P wise words as usual - we are going to sit back, relax (glass in hand - a bit early I know, but it is an exceptional day) and decide what course to take later this evening after, hopefully, more replies and good advice from the wonderful people on this site.

[kateandpete]

We celebrated with pub and curry!

It's a great feeling to have beaten the bastards, eh!

 

I just left a message on Lynsey Burgoyne's voicemail. I reckon she sits next to it listening to see if she wants to pick up! Fancy being scared of little old me! Anyway next day I got a letter complying with all the demands I said on the phone.

[Ollie-Bollie]

We celebrated with pub and curry!

It's a great feeling to have beaten the bastards eh

 

Have decided to bank the cheque today and let the devil take the hindmost (whatever THAT means - lol). Have copied Cobbetts letter asking us to agree to confidentiallity, scored it through and said no conditions accepted. Also stated that the Notice of Discontinuance that they also sent (2 copies - 1 x court and 1 x to return to them) will be actioned as soon as cheque has cleared.*

 

 

*Rang the Court who advised waiting for clearance of the cheque before notifying of discontinuance of claim and then we can just fax over the details.

 

 

Will make donation as well as soon as cheque clears.

[Ollie-Bollie]

** Survey completed

[Guest NATTIE]

Congratulations!

[Ollie-Bollie]

Congratulations!

 

 

Thank you NWSM

[alf]

Congratulations Ollie

 

Can i ask something out of curis....when the cheque was made out to natwest did it have the actual acc no on it or could you have paid it into any natwest account, as i have 3 accounts 1 of which is a spare account thats still in credit, coule i put the cheque in that one. just wondering.

 

Have a brill time spending the money by the way.

 

 

alf

[Ollie-Bollie]

Congratulations Ollie

 

Can i ask something out of curis....when the cheque was made out to NatWest did it have the actual acc no on it or could you have paid it into any NatWest account, as i have 3 accounts 1 of which is a spare account thats still in credit, coule i put the cheque in that one. just wondering.

 

Have a brill time spending the money by the way.

 

 

alf

 

Hi Alf and thanks for your good wishes. Yes the cheque was made out in my husband's name (not a problem, we have a joint a/c) but alongside his name they had written "paid into account number ******** " and specified the actual a/c number.

 

We phoned The Nationwide who we have a (small) credit balance a/c with and they said they would not be able to accept the cheque into that a/c because of the specified nature of our chq!!

 

So NW can take your money out of your account (in penalty charges) and then tell you exactly where THEY want you to deposit them when you have fought them to get them back. I think if we had kicked off and said we won't accept that, then probably to prevent the case continuing they would have sent another chq with no stipulations - but that is purely guesswork on our part.

 

As we have another grandchild (our second) due around Christmas Day - we will deffo enjoy spending it. ;-)

[Ollie-Bollie]

Have decided to bank the cheque today and let the devil take the hindmost (whatever THAT means - lol). Have copied Cobbetts letter asking us to agree to confidentiallity, scored it through and said no conditions accepted. Also stated that the Notice of Discontinuance that they also sent (2 copies - 1 x court and 1 x to return to them) will be actioned as soon as cheque has cleared.*

 

Have today received letter from Cobbetts -

 

"Further to your letter 1 November we can confirm that our client will not pursue the condition of confidentiality. We look forward to receiving the completed Notice of Discontinuance in due course"

 

Total capitulation as far as I am concerned anyone reading this thread please do not be intimidated. If you follow the steps patiently and accurately on this website - you cannot go wrong and your unlawfully deducted charges will be returned to you.

[richard gibson]

Congratulations!!!

 

Both on winning your case,and producing a truly encouraging thread for those of us still in the process of claiming.

 

Well done.

[Ollie-Bollie]

DONATION MADE

 

 

 

 

 

 

 

Cheque cleared today! So donation made to this wonderful site.

 

Once again I thank everyone who helped and advised us along the way. O-B xxxxx

[Ollie-Bollie]

Congratulations!!!

 

Both on winning your case,and producing a truly encouraging thread for those of us still in the process of claiming.

 

Well done.

 

Why thank you Richard, that is very much appreciated.

[claudiaamber]

Hello and Congratulations!

 

Just a quickie - have you been able to withdraw the full value of your cheque now that it has cleared or have you only withdrawn part of it or have NW offset the amount against your overdraft?

 

We have literally just received a cheque - exactly the same with the account number specified and we cannot afford to lose any of the money back against our overdraft so not sure if we should bank it or ask for a replacement that doesn't specify an account number...

[Ollie-Bollie]

Hello and Congratulations!

 

Just a quickie - have you been able to withdraw the full value of your cheque now that it has cleared or have you only withdrawn part of it or have NW offset the amount against your overdraft?

 

We have literally just received a cheque - exactly the same with the account number specified and we cannot afford to lose any of the money back against our overdraft so not sure if we should bank it or ask for a replacement that doesn't specify an account number...

 

Thank you Claudiaamber. Since the cheque cleared there has been no sign of NatWest clawing any money back thank goodness. By the way I wrote yesterday to ask that a further charge of £28 (added in July) be credited back to our account after our recent successful claim against them for the return of unlawful charges. Am awaiting their comments.