Do the Banks pay up by cheque or not?

dixie06

Can anyone offer any advice on this one?

marcellep

Hold fire, dont panic someone will answer your question very soon

Edinburghlass_2

You can ask but I would expect the bank/debt recovery company would in fact expect the money to be used to pay off part of the debt. Probably not what you want to hear.

EvilEdna_2

Yes, if the case goes to judgement by default you can state how you want the payment to be made. Have you already filed your papers with the courts? If so, as you've had correspondance from the bank I'm not sure if you could then go and request judgement by default. Were your loan and current account offset? If so then the bank is quite possibly within its rights to insist that the money is used to pay off the loan. I would personally hold on for the full amount paid by cheque, but maybe that's just me!

dixie06

Hi, I agree with you EvilEdna, although I mis-managed my account the fact is they still charged me way over the odds which if it went to court they would have to prove otherwise therefore it is my money to do with what I choose. Court papers are already done with the request of payment by cheque on there. I think I'm gonna write to them and say I'll setlle for the amount offered in cheque form or I'll see them in court and see what happens.

dawn35

Hi Guys

Im at the last knockings with my bank charges. The bank have missed their deadline for the AQ questionaire which was the 30th Jan. I called yesterday and it still hadnt been recived. When i got home last night i had an offer ;etter of about £180.00 less than what i wanted. I called the solicitors and told then that i am prepared to settle this but ONLY if they pay me by personal cheque.

I am on a debt management plan with the CCCs and even though im over my overdraft due to these fees i am paying a nominal amount a month to clear it. If my claim goes into the account i wont see a penny and i desperately need this money right now. Not to party, to live , pay mortgage buy food etc.
Also i have been really mucked about by my bank, keep saying theyve lost paperwork etc and even put my account number on the paperwork they sent me incorrectly. I dont want to be awarded this money and it goes missing for another 3 months but the main thing as i have said is i wont see a penny of it.

I have put on the bottom of the settlement that that i agree subject to the money being settled via personal cheque to me. Alot of people have said to me that they are not sure if the banks will do this but to be honest if they pay it off my od and i get nothing whats the point. I may as well just go to court and plead with the judge.

Surely the banks arnt allowed to make conditional settlements. Ie we will settle if we can pay off your overdraft?????

I need to fax this back this morning so just wondered if anyone else had been through this and could offer me any advice.

Thanks guys.

D x

gizmo111

Which bank is this - and they do have the right of offset - however you are quite within your rights to reject this offer as it is not the amount you claimed. Did you request In your POC for payment by cheque?

dawn35

HSBC

I have told them i will only accept this offer if they pay me by cheque. Its my money and mine to do with as i wish. I have nothing to lose by going to court to be honest and on the basis they have im hoping that they will just send the cheque and get rid of me. Whats a POC?

dawn35

Does Martin ever come on these boards????

Maybe he will know if thers any legality they can get me on so as I have to accept the money into my account or risk losing it?

Cheers

D x

Edinburghlass_2

It would appear but I'm not sure that you can only ask for a cheque if it actually goes to court.