Got cheque, and have been offered full and final settlement on account(I need help pe

[wizardcompuk]

I had a call last night from the bank offering me a full and final settlement fiqure on my account. I told them that I was taking them to court for unfair charges. court Date was set to feb 23rd. They said they would hold the offer but i would have to make a payment over the phone. I told them id think about it. Today i recieved a cheque for the full amount of charges with two letters to send the court to stop all proceedings. Can i pay the full and final amount then go into the bank tomorrow and cash in my cheque is this legal or can they get out of paying me, or is this two completely different issues. Its just that they have put my account number on cheque and i can only pay it into that account. hope ive explained clearly. cheers all

[Guest NATTIE]

not entirely clear, have you been paid once and the cheque has the account number of the claim or twice. If it is twice I cannot help(moral high ground, sorry) if once then the cheque can be paid into any account you like.

[wizardcompuk]

they were refusing to pay me my charges back and it went to the court stage. court date 23rd feb. They phone me every night to ask for repayment of my overdraft. Last nite they offered me a full and final settlement and i was unsure because i didnt want to pay anything because of court. Now today i received a cheque for the amount i was claiming with letters to end the claim. Im just wondering if i can accept their full and final offer on my account and pay it tonight and then tommorrow go and pay the cheque in. I would pay it into my other bank but they have put my account number on cheque

[wizardcompuk]

i cant understand why they didnt pay the money directly into my account and send me the remainder of the money.

[Guest NATTIE]

I think I am with you but to clarify, the cheque is more than the total of the overdraft so there is more money than you owe? Well you can pay the cheque into either account and when it is cleared that is when you discontinue your case, and I would suggest clear and get rid of the account forever. They cannot pay it into the account because you have sued them

[wizardcompuk]

yes about £400 extra. I owe 2800 on account and the cheque is 3150. They said in phone call last night they would accept £1600 in a full and final settlement of the account. I said i was taking them to court to recover my charges. she said this has nothing to do with charges im just after the money you are overdrawn. So i was thinking accept her offer of 1600 and have the account closed. but i have the cheque which states to pay into account so if its closed i cant get the money. i cant understand why they didnt pay money into account and send me remiander of the money. they have offered to close my account for 1600 but what happens when i pay the money for full and final and then try to pay cheque in. surely they cant do anything about it

[Guest NATTIE]

pay it into your main account now, contact natwest and state that you will pay £1600 to settle the account and want it in writing prior to issuing a payment which you will make when you have received it.

[wizardcompuk]

but if i pay it into the account ill be in credit and will have nothing to do a full and final with, because i will no longer be overdrawn.

[Dene2]

Hi sorry to jump on your thread but i have a friend who is in a similar position.

 

he was taking NatWest to court, already filed and received a date as far as i know.

 

today he received a cheque from them for the full amount (less 2 charges that are now more than 6 years old) and has paid it into his NatWest account (seems he had to because it said payable to acc number on it, which i find odd - but im guessing he has an overdraft that needs clearing)

 

anyway its paid in. should he wait a while before sending the discontinuation of claim forms to the back and courts for the cheque to clear?

 

surelly they wouldnt do anything like cancel the cheque before it clears?

 

if someone could give a quick reply on this as hes phoning at 8 i'd be very gratefull

 

ta

[wizardcompuk]

no they cant cancel the cheque its in a legal letter that they are going to pay. He could do what im thinking of doing. he could offer a full and final settlement offer of say half what hes overdrawn that way he will get more money but im just wondering if there is a legal loophole to stop this. the thing is though that the bank offered me the full and final so surely its their own responsibility.

[Guest NATTIE]

wizard, have you got another account with another bank called on here the parachute account?

[Dene2]

ah. of course. never thought to ask what it said in the accompanying letter!!.

 

Shame hes already paid it into his overdrawn NatWest account as ive just read that the cheque could acctually have been paid into any account. Still im sure he will be chuffed anyway.

 

thanks again.

 

now i just with my claim against barclays would result in a cheque out of the blue like this but im not holding my breath

[wizardcompuk]

sorry been away. i have another bank account with loyds tsb. can i pay the cheque into that account? its just on the cheque it says pay MY NAME into acct: MY NATWEST ACCOUNT NUMBER. would loyds let me put this cheque in my account with them

[Guest peed orf]

When I received my cheque it had the account number on it, But to me it just looked like a reference [incase of more claims] rather than a demand to put it in that account.

[wizardcompuk]

cheers for ya help all, im gonna put it in my loyds account ill let ya know if they accept it.