DG Solicitor-trying to pull a fast one?

[maverick*o7]

Hi advice needed if poss, I'll fill you in;

 

Claiming £3000 from HSBC, after a bit of to-ing and fro-ing concerning old defaulted account and loan account (which they wanted to pay off with the settlemen), I signed their agreement that I would accept £2200 in form of cheque and £800 to go to the account itself which is closed and with Metropolitan Collection Services.

 

They now have sent me another letter saying that in order to raise a cheque they have to credit and debit an account (the only accounts that still remain with HSBC and are open are a current account and an ISA, neither of these accounts relate to the closed account I have agreed a settlement on) plus the current account is currently overdrawn without an O/D limit therefore if they credit this account they won't be able to debit the whole settlement account. Therefore paying off my O/D with settlement money from a completely different matter. Obviously this is not what I have agreed to, how shall I address it with them? I think they are trying to pull a fast one......again.

[GuidoT]

My head is spinning from your last large paragraph.

 

Although I have not seen the documentation, if you had an agreement to x (i.e. offer and acceptance that has led to the conclusion of a binding contract) and they subsequently change it to y, then you are entitled to x.

 

If you are not happy, write to them and tell then that they are attempting to change the basis of what was agreed and if they do not comply with the original agreement then you will commence legal proceedings to recover the previously agreed sum (or all your penalty charge and interest).

 

I presume you have a default against your name, therefore if they renege on deal x then you should be considering getting this default removed if it was caused by the banks charges.

[maverick*o7]

Hi Guido, it makes my head spin thinking about it!!!!!! I have finally spoken to DG who assure me that even if HSBC credit my O/Drawn current account this will have no bearing on what we have already settled and signed for, it is purely administrative therefore it will credit, then debit immediately no matter whether the account is O/D or not. If it did otherwise they confirm that the agreement will have been broken . Therefore the settlement agreement still stands. You would think a bank would have access to a cheque book without all this faffing around!!!!! I am going to fax DG just to confirm our conversation as well.

[lateralus]

as long as they don't slap a charge on that nanosecond when it's in, then out, the mind boggles!