Urgant Advice needed!!!

[vegyjones]

My claim so far - http://www.consumeractiongroup.co.uk/forum/nationwide/25627-veg-nationwide.html

 

Basically, my account was over my limit in January and I moved

my wages into another bank after not being able to afford to

get the account back below it's limit after occuring £450 in charges in one month!

 

Anyway, I stopped receiving statements, and then my account

was removed from my online banking facility. I assumed that this meant

my account was closed as they started sending threatening letters

to repay the outstanding amount.

 

Then a few months ago, I called in a debt management company to handle

the account and have made several payments to the account.

 

I have today received a letter from Natrionwide.

 

They have stated that as my account is open, they have acted within their rights to

put the money being refunded into this account and thus clearing any outstanding balance.

 

I am sure that this means that I am about 2 or 3 hundred in credit, but with no card

(retained by a machine for unauthorised usage - another sign that the account is closed

I thought) I am unable to get to this money or see if they have paid it.

 

I want to know what my position will be if I continue with court action.

Will the court agree that Nationwide have acted acceptably, even though I have

no access to the account and have not seen any money or proof that they have

paid me the money other than a letter saying that payment had been made to the accout.

 

Am I within my right to tell them that unless I receive the full settlement by cheque

I shall continue with court action?

 

Thanks

[Glenn UK]

Seems to me you have made some assumptions about your account but have you got any correspondence that confirms or otherwise your assumptions?

 

Re paying the money into your account, whether closed or open, without telling you would seem to be counter to behaving in good faith.

 

One would expect that an offer of settlement was made, accepted or otherwise by the claimant.

 

Once agreement had been made as to the value of the claim and any other matters then it would be reasonable for the tow parties to agree how the money was to be paid.

 

I take it from your post that you have no access to the account?

 

I would write to them saying that your acceptance of the settlement is subject to receiving the settlement in a format agreeable to you.

 

However, if you owe them money then I'm not sure a court would force them to give you all the cash but only the balance.

 

So I would expect that the least they would agree to is refunding the balance.

 

Another thought are they your only creditors? If you are in a DMP and have more than one creditor it is normal to agree to pay them pro rata should you come into any money.

 

Failure to do this could destroy the goodwill established between you and the other creditors.

 

JMHO

 

Glenn

[taylormandy]

My second claim was paid into my account to which I had no access. I had to go to the branch with proof of I.D (utulity bill and passport) to withdraw the money and close the account. I'm not sure where you stand with receiving all the money. As Glenn says, the judge may wll see it as reasonable that they pay you the balance once all debt is paid.

[vegyjones]

Yeah, I guess it's only fair that the money is paid off and I collect the outstanding!

 

Just a bit galling in that if it wasn't for these charges, then I'd still have a £2000

overdraft facility available to me!

 

Oh well!

[marianiamh]

I won but the feckers paid it into my account so i dont see any of it boohoo!!!!! There goes my new sofa!!!!!

 

I asked them for a cheque but in no uncertain terms told me to f off lol!!!

 

Well it was short by £135 too so im off home shortly to check my statments as they think they are correct in what they paid..........

 

Maria