Do the Banks pay up by cheque or not?

moonlightpjs

Hi, is there anyone there who can help. i have just received an offer from the Halifax offering the full amount claimed, but it states in the letter the amount is to go in my Halifax account which would be fine but I have a large OD and am overlimit, I received a Notice Of Debt last week and am currently including it in the DMp we are in the process of setting up.
Now I know that the offer would reduce this debt but I lost out on benefits that were paid into this account as I wasn't allowed access to them and so borrowed the money from my Mum so I need to pay her back as she has no money.
The form states that I have to sign if I accept this offer but it has to be paid into the Halifax account, I called them and they said its their policy to pay into an account though I did state both in my Prelim and LBA letters that I required a refund of the charges by cheque, is there anything I can do. If they get paid in I can't withdraw them as they have taken my cheque book and card.

I did try to go in to the Halifax branch before Xmas to ask for access to my benefits and took a copy of a legal form that stated I should be allowed access to my benefits and they shouldn't be used to offset my OD (if that makes sense) only to be told no, I couldn't have them.

Please, would appreciate any help out there.

EvilEdna_2

They say they won't pay by cheque? Pretty sure the courts wouldn't be happy with this. Tell them you'll proceed to court to force them to pay by cheque if they won't send you one. Either that or tell them you want to set up a savings account and have the money paid in to that - or do you have another account with them you could use?

moonlightpjs

I dont have another account witn them - they are saying they will pay by paying the money into the account. I am worried that if I go to court the judge will just say "you owe them money and this will help repay it" so I end up with nothing, maybe even having to pay their costs.

I have altered the acceptance letter that I have to sign and crossed out "made payable into account no .............." and stated that I will accept their offer if paid be cheque but I am scared to send it. Will they take any notice?

Do you think I should include a letter with this form to state I will only accept offer if paid by cheque otherwise i will proceed to file at court?

EvilEdna_2

I would send it - it won't do any harm, right? If your account is in default and you don't have access to it then it would defeat the purpose of giving you the money if they paid it in there. If a case is won at court or it goes to judgement the claimant is the one who decides how it's paid, so they don't really have any leeway to insist it's paid in to the account

moonlightpjs

Sent this e-mail, cc'd it to Cheif Executive -- will follow up with letter. What do you think?

Dear Ms Hollyoak

Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today.

After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so.

I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made.

I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company.

I look forward to hearing from you in the very near future.

Yours sincerely
Lisa M Scott

nichno

Hi, I am asking for £201 charges back from Halifax and received offer of £120 which i have declined. I have just set up a parachute account with Co-op cashminder to make sure my next wages get paid into it. I am now going to give the Halifax 14 days notice before court but the problem i have is that i am paying £50 a month to Blair Scott Oliver (debt collection at Halifax) for an unpaid Halifax Visa CC debt and am worried if i have the charges repaid into my main account they will take it straightaway to pay towards the CC debt. Can anyone advise what i need to do in order to have it paid to me by cheque, is this possible? Thanks very much!

Pan_3

Do they pay the charges in to the bank or by cheque?
Just a bit worried as I have £860 in charges but I am in the middle of a DMP so they might pay it in my account and close it so I wont be able to withdraw the money if I am successful?

EvilEdna_2

Usually they do pay it in to the bank account, but you could probably ask them to pay by cheque, especially if you get to claim judgement by default. Alliance and Leicester sent me a cheque, Bank of Scotland pay it into the account as do Halifax.

dark_angel

Rex_Mundi wrote:

I don't see the problem here. If the debt is the banks fault because of charges, what is the problem of reclaiming the charges and paying off the debt? This surely cancels itself out?

yes that is what I thought would happen, still it's a debt paid off isn't it
many thanks.
P.S the problem was i thought i may have to pay the money back that i owe BEFORE i claim backthe charges, in which case there'd be no point in trying to claim as there is no way i can afford it.

dixie06

Hi, I have recieved an offer from DG Sols 300 quid shy of what I am claiming .......BUT..... they want to credit an account which is held with MCS which is their collection agents.

I'll explain I had a couple of accounts, my current account and a loan account which was "attached" to it. I got behind with the payments on the loan and they closed the current account and passed the loan account over to MCS for collection who I now have a montly agreement with. The current account had a zero balance when closed. I am not claiming charges back on the loan account but on my current account therefore why should I accept payment into the loan account. I believe that this money is mine which they took from my current account unlawfully therefore should be mine to decide what I do with (although in all fairness I probably would use some to pay a portion of this debt off). I am prepared to accept their offer to bring the matter to a quick end but only if they pay by cheque am I in my rights to request this. I am prepared to go to court with it as if i win I read that they have to make payment as requested on the court papers. Am I right??

I did read someone elses post about this a few weeks ago but can I find it!!