Charges refunded into frozen account - HELP please!

[scottie]

An avid follower of the site but a newcomer to posting (never done this in my life so apologies if this is not the right place to post this!). However, hopefully someone will be able to help me in the way many, many others have been helped already.

 

RBS have refunded charges (ok, I admit I accepted an offer - it was an excellent offer, but not the full amount claimed!) - but into a frozen bank account!

 

Long story, but they froze the account (even though it had been managed without any problems for some years) due to arrears on a loan therefore any monies paid into this account they take towards clearing the loan itself. I know they can do this if there IS money in the account (right of first appropriation I think it's called?) - but I'm so hacked off that they refunded these charges into the account (which was in credit at the time) in the first place despite knowing it was frozen! They've effectively not refunded the money by knowingly doing this! I know it's reducing my overall debt (so in a way it's still positive) but the customer services people who agreed the refund said they "had" to do it this way rather than send a cheque and have refused to let me access it.

 

Can they actually do this?? I did complain but they've refused to let me access it (another long story as I've been totally misquoted from a telephone conversation) and have since got really heavy on the payment arrangement, now saying I'm not complying with the agreement on the loan (which I am....).

 

Can anyone help?!

 

Cheers

 

(Moral here for me - have sumbitted a claim for a second account. Will take it all the way on this one!!!)

[Rooster-UK]

Hi Scottie.

 

I think that you're stuffed.

If you had insisted the the GOGW had been paid to you as a cheque then they would then have had the choice of paying you off or you continueing your action.

But at this stage of the game, I think that it is too late to do anything about it.

 

Take comfort from the fact that the repayment has reduced your overall debt.

 

The problem is that if you have had a loan, then the bank has advanced you the money and they are entitled to have that loan repaid.

 

another long story as I've been totally misquoted from a telephone conversation

This is why we advise that all communications with the bank are conducted by letter, keeping copies of every letter and every reply. You then have a permanent record of exactly what each party has said.

 

Regards, Rooster.

[scottie]

Thanks Rooster....

 

.....I'm now complaining about how they handled the complaint (in writing!!!) but like you say I think all I can say is that this will reduce my overall debt. I did ask for a cheque but the customer services guy said that because they are dealing with SO many claims, they have changed their policy and that RBS will ONLY pay in to accounts, regardless of whether they are frozen, overdrawn, with debt collectors or whatever. They will now only give cheques to people with closed accounts. Interesting to see if this has been said to anyone else?

 

BTW - they froze the account AFTER I started the process. I read on a thread somewhere they can't do this - is this correct do you know?

 

Thanks for posting a reply - and so quickly - much appreciated!

[Guest NATTIE]

Did you settle early rather than going through the whole MCOL process? Also did you claim all charges for 6 years?

[mbdiss]

do you have internet banking is so PM me.

[Bookworm]

do you have internet banking is so PM me.

 

Scottie, I would strongly recommend against pm'ing anyone about your bank account. After all, you do not know who you're talking to.

 

This is an open forum, so that we can all grow and learn from sharing information. Either the info is helpful to all and totally legal, and we could all benefit from any way to defeat the banks, or it is not, and we should all stay away from it.

[scottie]

Cheers all - and I agree that the point of the forum is for everyone to learn from each other.....

 

In answer to the question - I claimed for 6 years and refused the first three offers. Just before the 14 days was up before filing, they offered me 90% - got cold feet and accepted. I took a chance in the first place because I claimed a bit more than the Scottish courts consider as small claims (live in England but branch is in Scotland) so I thought it safer in the long run.

 

Does that make a difference?!

 

Thanks all

[mbdiss]

Scottie I don’t want to know anything about your bank details. It just I had the same problem with am bank, which I don’t want to go into on here. I think I my be able to help, but that is up to you.

[Guest Alison82]

If i were you I would now ask for the rest of the refund to be payied by cheque (it's still your money no reseon you can't still claim it just because you accepted some of it)

[Rooster-UK]

Scottie I don’t want to know anything about your bank details. It just I had the same problem with am bank, which I don’t want to go into on here. I think I my be able to help, but that is up to you.

 

Scottie, I would strongly recommend against pm'ing anyone about your bank account. After all, you do not know who you're talking to.

 

This is an open forum, so that we can all grow and learn from sharing information. Either the info is helpful to all and totally legal, and we could all benefit from any way to defeat the banks, or it is not, and we should all stay away from it.

 

I am fully in agreement with Bookworm's comment.

 

Regards, Rooster.

[brechiner]

Under rights of Appropriation laws one can request a chq at any time during the process. If you have not touched that money request they cancel the credit and issue a chq as your gas bill/rent needs to be paid urgently etc.

[Guest NATTIE]

Under the letter you were sent it would have been paid into the account you were claiming from as it had not gone to MCOL stage where the usual norm is a cheque being sent out, so yep they can and yep they did.

[scottie]

Thanks all for your comments - good to know the support is out there!

 

My request re: appropriation was refuted on the basis that in their final response they stated they reserved their right to offset and weren't budging i.e. if I want to take it further I need to go to the OFT......... Thanks RBS.

 

However, they have until Friday to respond to my second letter on my second account before I file.......... Won't let them get away with it a second time...

 

Cheers all

 

Scottie