First Direct V Jordylass offered payment to debtor

[picklejar]

I have had a letter back from FD after sending my LBA offering full and final settlement of £774.00 whoop de doo I thought.

 

The form I have to fill in for acceptance states

 

'I accept the sum of £774.00 in full and final settlement of my complaint against the bank and understand the funds will be forwarded to Metropolitan Collection Agency to reduce my debt.'

 

Nothing I can do about this I s'pose?

[susie-que]

I would right back saying you only accept a cheque made payable to yourself. Its your money they stole and its up to you to spend it where you need to or wish to.

Or rather change the form to read "and will accept a cheque made payable to xxx xxx."

Worth a try

[picklejar]

i'll try it, thanks, wonder what would happen if it went to court though, if FD could make it conditional that it is paid to MCA

[susie-que]

On past experience - It wont go to court

[picklejar]

Is it reasonable to carry on and submit it to court when they have offered to make the payment to the debtor?

[picklejar]

I would really like some advice. Do I accept the offer to pay to debtor, or submit my claim to the court?

 

I sent back their form crossing out make to debtor and saying i would only accept a personal cheque and got a letter back

 

"whilst i note your requirements, i am not prepared to issue a cheque for this amount and our refund offer is on the condition these funds are used to reduce your current outstanding debt at Metropolitan Collection Agency, which currently stands at £6200.89

 

Accordingly, I have enclosed a further declaration along with a pre-paid envelope."

[Guest]

Michelle,

 

I had exactly the same problem as you. In the end I wrote a letter to DG Solicitors demanding that unless they pay the amount via cheque, then court action would continue.

 

I also told them that they are not complying with the agreement, and that I wouldn't acknowledge any payment unless it was directly to me.

 

Needless to say, I got a cheque yesterday.

 

I'd say, stick it out, unless you get a cheque take it all the way.

 

I told DG both on the phone and in writing that under the Courts Act I can demand payment via the Court.

 

They didn't like that !!!

 

Good luck !

[susie-que]

Hi Jordylass

Dont think I can be off much help here.

 

I presume you owed the debt to FD who have "sold" it to the collections agency?

If so FD are unreasonable in not sending you the money it took unlawfully from you - it did not take it from the collection agency - if you get my drift.

HOWEVER I dont know how a judge might see it.

Perhaps Bankfodder could give you his/her views. If s/he isnt reading this perhaps you could send a pm - just this once.

It is an important point of principle that will probably be of interest to other folks claiming in your position?

 

All I can say at his point is GOOD LUCK

[craigamc]

Thats interesting

 

My wife has recently claimed against HSBC for unlawful charges amounting to £817.50

 

We received a letter stating they would settle full and final and the amount would be credited to her account.

 

She didn't want that so we have written back enclosed the lette they sent with the agreement requesting a cheque

 

We will wait and see what happens

 

craig

[craigamc]

We received a letter this morning, saying that they could not issue a cheque and that the funds have been refunded to the account (which is no longer used!) in order to clear some of the debt.

 

I suppose it has reduce it

 

Got another two accounts to claim for yet!

[clare hutchinson]

Please tell me, what happened did you get the full settlement ? did you stick it out as i am about to do the same.

A LITTLE SCARY AS I REALLY WANT TO CLEAR DEBTS WITHT THE SETTLEMENT.

[craigamc]

I accepted 80% but they paid it off towards the outstanding overdraft balance

 

They refused point blank to offer me a cheque.

 

I am still waiting for settlement of another two accounts with HSBC

[clare hutchinson]

Thankyou for your responce, i appretiate it. I have told them to shove it basically and i am unsure if i have done the right thing now, but it made me mad that they had had this money in the first place then they are telling me how to spend the settlement........ bad form i think. they are real bullies !

 

Good luck with all the other claims you have going on.

 

 

Clare

[Number6]

It's your money that they took from you unlawfully and without asking if, when or how they should take it.

 

You are fully entitled to have the money in any way you want. It's not up to them to dictate how they will give you YOUR money!

 

Lets not forget who is taking whom to court here??

 

Obviously I can't guarantee that this is the right course of action but it's the course I'm going to take when my claims come to that stage.

 

Pete

[clare hutchinson]

I know number6 you are right and this is how Mad i felt when i got the letter, i was like ' how dare them' . So i am going to hold my bottle for a few days and see what happens now i have told them to Bog off ! got court questionnaire today so need to act on that soon as.

 

thanks for keeping me strong,

This site does Rock ! Power to the people.

 

Clare