Advice on offer please?

katinthehat

I have put in a 2 hardship claims with Yorkshire Bank. This was before Christmas and so I have also lodged a complaint with the FOS due to the length of time they've taken to respond.

Acc*1 - Closed account, from one 25 pound charge they accumulated 214 pounds in charges which I have refused to pay. They owe me minimum 500 not including interest.
Offer 425 but want to give 214 to collection agency leaving me 210, I intend to refuse this offer.

Acc*2 - In usage and have held this account for over 12yrs. I don't know the exact amount but it will obviously be more than the other account, could even be a couple of grand going back 6yrs.
Offer An actual cheque for *drum roll* 345 pounds

Now the wording on the letter clearly states this is not a full and final settlement, I can persue it further once the appeal case is concluded. Here's the thing they know I really need the money so if I accept this I'm afraid they will say this is to alleviate immediate hardship then twiddle their thumbs when I ask for anymore money.
I'm really despondent about this and not sure what to do, if I cash the cheque will they delay any further claims, if I send it back will they say I'm being unreasonable and start polishing their halo's? Please help if you can give me any advice at all
Thanks Kat

nickmack

katinthehat wrote: »

Acc*1 - Closed account, from one 25 pound charge they accumulated 214 pounds in charges which I have refused to pay. They owe me minimum 500 not including interest.
Offer 425 but want to give 214 to collection agency leaving me 210, I intend to refuse this offer.

Acc*2 - In usage and have held this account for over 12yrs. I don't know the exact amount but it will obviously be more than the other account, could even be a couple of grand going back 6yrs.
Offer An actual cheque for *drum roll* 345 pounds

With A/C 1. Is the money you owe to the collection agency under dispute? You say, you have incurred £214 in charges but are owed £500 minimum. What is the rest made up of?

For A/C 2, it seems clear you need the money, so you can do as many others have and make it clear, you accept this as part payment only and you will pursue them for the remainder.

katinthehat

Thanks for the reply Nick.
The 500+ they owe me for charges before the account became inactive and was closed. The 214 pounds stemmed from a single 25 pound charge, you know they send you a letter that'll be another twenty please etc. so basically they expect me to pay these charges with the money they are refunding from charges :eek:

natweststaffmember

Kat, are you aware that acceptance of an offer does not stop your right to claim the rest once the charges case has been finished? Did you claim charges back prior to the DCA getting involved?

katinthehat

Yes I know I can claim after the OFT case is settled and have in fact now paid the cheque into my account (no choice I need the cash) I was just disappointed with the low amount and realise that I will not be able to pursue this as a hardship claim.
With the closed account I have been trying to claim that back forever but only recently applied under the hardship rule. The point is I have made arrangements to pay other creditors at 1 pound per month (yes I really am that poor) but the bank want me to pay the 214 in CHARGES to the DCA out of the 425 they are offering. Does that make sense?

natweststaffmember

It might be worth you mentioning to the back that you are claiming THEIR bank charges back and not the DCA as if they would put their charges in writing you will claim DIRECT from the DCA. Furthermore, there is nothing that stops you claiming further hardship if your situation worsens in the coming months.

Swans1912

If you accept a part payment and then you lose the case will you have to pay it back? Or is there no case of you losing the case?

Orford

If you accept a part payment and then you lose the case will you have to pay it back?

No, payment is made on the basis of a goodwill gesture