Straw Poll on Arrogance

johnny_alpha

Hi - I hope I can get some responses and this thread doesn't get merged into some simmering pot where it can be lost

I received a £500 offer from my bank (on an original claim for 970 sans interest) - which I said I would accept if I received the payment via CHEQUE.

I'm overdrawn at this bank and they were only willing to pay it into my account,

This was reiterated to me when I had my signed acceptance letter returned to me (which had MY condition annotated) - along with a fresh form to sign & return.

I also had their offer letter once more - with the note about the refund being paid into my account HIGHLIGHTED WITH MAGIC MARKER!

Is that rather arrogant of them to dictate to me how I want MY money refunded to me?

Yes I'm overdrawn with them - but that's a separate issue! Naturally asking for a cheque does reveal I'm banking elsewhere lol

I'm going to write and ask for the offer to be in the form of a cheque or I will file with the court within 7 days (heck I can get TWICE as much back!) - does that sound ok - or am I risking screwing it all up?

Could they withdraw their - ahem - 'good will gesture' under any particular circumstances?

Thanks in advance for your opinons

VeryTrying_2

I'd keep my fingers crossed that they DO withdraw it! Otherwise you stand to lose quite a lot of money if they just pay you off with £500. If you take them to court you'll get your £970 plus the 8% interest plus the court fees. Why let them off cheaply?

When/if you respond to their Magic Marker offer, why not make a counter claim and say that if they insist on paying the money into your account you will accept their offer ONLY as part payment of the full amount you are owed and you will therefore be taking MCOL court action for the balance.

Why not go to https://www.consumeractiongroup.co.uk/forum and you'll see that all the advice given is "do not settle for less than almost the full amount". You are bound to win. The banks never win - unless they manage to persuade some customers to give up trying and others to settle for less than the full amount.

PM me if you want some encouragement to keep going!

PS Just remembered there's a section in MSE money which is dedicated to bank charges. Have a look there too.

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johnny_alpha

Thanking you

Yup - I don't know what I was thinking accepting 1/2 the amount - save the philosophy that it's £s I thought I'd never have back. The fact that I wouldn't see it and it would just offset an overdraft meant that it wasn't so sweet a victory (I'll deal with the OD in my own way, thank you!).

I've cribbed the letter for the next step which will be on its way ASAP - and I jolly well WILL take it to court too.

That smarmy orange felt tip - exclaiming how I may have missed THEIR little caveat - that just did it for me :mad: :rotfl:

I will be posting in the 'success' thread when it's all sorted!

johnny_alpha

Hi there - I've been banking elsewhere since a month ago - the issue of my overdraft with my old bank will be handled by my debt help company (along with all my other creditors).

For now I want my cash back - hopefully before such funds would come under any 'windfall' clause I may have in any upcoming DMP (which is currently being negotiated - so my timing is 'complex' shall we say!).

End of the day, if I was offered the full refund - with it being applied to my overdraft - that would be sufficient. What form a judge would order a refund I don't know.

At the moment the bank's offer is weak and I feel I can definitely do better taking it further.

VeryTrying_2

johnny_alpha wrote:

End of the day, if I was offered the full refund - with it being applied to my overdraft - that would be sufficient. What form a judge would order a refund I don't know.

There won't be a judge ordering anything - the bank will cave in and pay you before it gets to that stage .... unless of course the bank 'forgets' to put in a defence when the judge will just give judgement against them, without any arguments being put forward. You'll get the cheque you want.

But what use you put that money to is your affair, although I'm with Al Mac that it would be best paid to your creditors.

If you want £1000+, reply to their offer accepting it as part-payment and then go to court. Good luck.