Can the settlement method be requested?

[Number6]

I'm sure this must have been asked before but I can't find any related threads so sorry if I missed it.

 

It seems that LTSB (or their solicitors) always apply the condition that the refund is paid into the account from which the charges were taken. Fair enough..., sort of, I thought originally.

 

Has anyone successfully challenged this condition and got a refund by cheque?

 

The reason I ask is that since my claim went in LTSB have already taken more charges from the account so by the time I actually get the refund most of the surplus that could otherwise be put to useful purpose (like paying some bills) will be eaten up by the subsequently applied charges.

 

So I would then have to start a new claim cycle to reclaim the new charges that were applied thus wasting more of my time.

 

However, if my refund was by cheque then I could pay that into a "clean" account and issue a cheque from there into the LTSB account to cover the charges originally claimed; I could then "debate" with LTSB about the subsequent charges whilst having the full benefit of the refund in the meantime.

 

So has anyone got settlement by cheque? If so did it take much persuasion to get it?

 

Pete

[elsinore]

It depends, to some extent, on the condition of the account. Many claims are made against accounts which are already closed. In such a case the bank has no option but to send a cheque.

 

If an account has a debit balance greater than the charges refund, then you would expect the bank try to offset the debt by paying the refund into the account.

 

As to additional charges, when the bank eventually send you a conditional offer, which they surely will, you can suggest acceptance on the basis that they include the more recent charges in the settlement, thus saving everybody time and money. Failing this you will immediately issue a further claim. Many people who have tried this method have been successful.

 

Elsinore

[Number6]

When (if) the conditional offer arrives it should be for approx £1500 more than the overdrawn balance was at the time of the claim. The problem is that by the time the offer is made and accepted by me then LTSB will have taken in the order of a further £1000 in charges so if it's paid into the account I'll only get £500 in my pocket (provided of course I can withdraw it before they slap on even more charges!!). So if they won't agree to include the latest charges and interest in the settlement I'll be right back to square one and have to start the whole claim cycle again and wait another three months or whatever.

 

Whereas if I can persuade them to give me a cheque then I'm quite happy to pay back the overdraft as it was at the time of the claim and leave them to stew over the rest.

 

I suppose a lot hinges on how far I'm prepared to risk things by pushing them hard.

 

I just wondered if anyone else has tried to get a cheque and if so how did they fare?

 

Pete

[elsinore]

Blimey, Pete, they are being particularly unpleasant to you, aren't they?:o

As they are playing hard ball with you, it's time to play hard ball with them.

 

Provided that you can afford another court fee, why not start another claim now, without preliminaries. That way, when you reach offer stage, they will see that you mean business and, hopefully, agree to settle the lot.

 

Otherwise I don't see them willingly offering a cheque. Would you?

 

Elsinore

[saj]

Hi Pete. I have a similar probem with recently applied charges. I have just written to them saying I will not discuss settlement unless they do include the charges taken in the last six weeks.(£300) My reckoning is they'll either agree to include them as per my demand or will see me in court which, quite frankly, I would welcome...however scary, as there is no way on this earth any judge would tell them it was ok to charge me £35 for bouncing a £1.99 charity direct debit! Taking a leaf out of mjanet's book and standing my ground. Also remembering that for the first time ever...it's me wearing the trousers! Good luck! Saj x