Should I keep pushing?

[Brainstorm]

I received a cheque from Cobbetts for the entire amount of my bank charges (£3,566.57) but they wrote on the cheque "pay into acct 637xxxxx"

When I questioned them about it they told me it was just a reference number...yeah right! I said they should send me out another cheque and cancel this one. Which they said they would.

 

In my initial letter I requested that as well as refund my charges they should also remove any default notice from my credit record. Although they have offered full settlement they have not mentioned anything regarding this. The court date is set for Feb 26th, should I keep pushing for this? If so does anyone have a template letter I could use?

[Glenn UK]

I am in a similar position and i have a hearing against abbey for the same thing, personally i would push on and tell them the claim isn't settled because there is a default outstanding.

 

Just a thought though, in my case the charges in the account are more than double what they defaulted me for so its a relatively easy argument to make in my case.

 

If you feel the argument is simple for your case then id run with it.

 

IF you want to see where I'm at check out the thread Glenn Vs Abbey in my signature

 

HTH

 

Glenn

[muggins73]

This is a tricky one.

The fact of the matter is, apart from the default bit, they have infact settled your claim. Not sure how the judge would see this if you were to show up at his court on the 26th.

IMO I'd speak to Cobbetts with regards to the default.

As for the cheque being made out in your name into a specified account, this actually has no bearing on where you chose to pay it in. I have it on good authority (from someone whom actually works for Natwest) that it is simply a fraud prevention thingy-bob and you should have no problems paying it in wherever you chose. Many people who've had their claims settled have had the same and paid it in to other accounts with no question. Oh yeah, and the cheques have cleared ok:)

[muggins73]

So as not to get in to trouble and be accused of giving out incorrect info, I've just read another thread from a poor person who's had there cheque refused due to this, which as I told them, is seemingly unusual and a rarety.

However, it seems that if you do not make a big song and dance out of the fact that the cheque has an account number on it, then more often then not, neither will they.

[petrafyde]

I honestly couldn't speak about what I've seen for those who've been defaulted by Natwest (cos I've seen so few) but I would suggest maybe its completely out of Cobbetts range (being as its NatWest who issued default themselves?) and maybe you need to speak to the organ-grinders? Access to a machine with a recording facility might come in handy?

 

I'm talking, if, buts, and maybe's - but my gut instinct is not to settle without black and white proof of default removal consent.

 

The cheque is very tempting (had a full settlement of charges offered directly to my acct. this week) but I know if I were in your shoes, I'd want rid of the default before ANYTHING else.

 

My first thought is to confirm, even if just by phone the default will be removed. Obviously you need proof, either in writing or by advising them you are recording the call, then taping it.

 

Alternatively, you could return the cheque using and modifying the templatr advising them you want acceptance of the default removal prior to reschinding your claim.

[Brainstorm]

Thanks for the advice,

I think I'll grab the money and count my blessings.

I did send the cheque back as it wasn't even my account number on it. Possible slight dilemma; by the time the new cheque gets to me it may not clear before court date...can I really trust them to clear the cheque if I stop Court Proceedings before it clears?

I could ask them to be pay it directly into my account but I'm not sure if this weakens my position in any way.

 

Brainstorm

[Guest NATTIE]

I would ask for a stay of the case of 28 days for further time for settlement

[Glenn UK]

Thanks for the advice,

I think I'll grab the money and count my blessings.

I did send the cheque back as it wasn't even my account number on it. Possible slight dilemma; by the time the new cheque gets to me it may not clear before court date...can I really trust them to clear the cheque if I stop Court Proceedings before it clears?

I could ask them to be pay it directly into my account but I'm not sure if this weakens my position in any way.

 

Brainstorm

 

Bear in ind what the default will cost you over thenext six years?

 

If you dont get it removed with the charges then you wont get it removed at all unless you are very lucky.

 

Assuming the grounds for default removal are sound the judge will not be bothered that you have refused their offer of settltment based on their refusal to remove it.

 

My judge specifically commented that thier refusdal was unreasonable and its now listed for trial in the fast track solely to deal with the default.

 

Incidentally, the default is part of yuor claim and cobbets are dealing with the claim on behalf of the bank. Deal with Cobbetts and they will take instruction from the defendant.

 

Re counting your blessings, the default may cost you a percent or two on any loans or a mortgage you decide to take out and could cost you thousands.

 

JMHO

 

Glenn