Mega URGENT help needed please! Re: Barclays

fabianne

Hi all-need urgent help here please.

After deciding to call Barclays today-I received an offer in today's post for £2725.
They state in the letter that if accepted it will be paid into my account.
I want it paying by cheque direct to me.
However,due to business closing down,there remains an overdraft on the account and they have issued a Termination Notice in January.Can they pay into a Terminated account??

I also have other creditors to pay off and do not think it would be fair to or seen in a good light if I favour Barclays-I want to spread it equally around my other creditors(who would have been paid if Barclays hadn't crippled me) I feel very strongly about this point.Should I quote the Right of Appropriation here?Is that relevant?

I intend to call them to discuss the matter but need advice that this can be done before I do so.
Also..
But my claim was for £2605
Court Costs = £225
Fees since date submitted to MCOL = £180
Total =£3010

Their offer falls short of this.Do I negotiate for the full amount and any pointers for wording here-I want to come across as mega determined and my arguments confident.

Many many thanks!! I welcome PM or can go on the chat room for the next hour if anyone can come on and guide me-I want to make the call before I start work today.

Twinkly

fabianne wrote: »

Hi all-need urgent help here please.

After deciding to call Barclays today-I received an offer in today's post for £2725.
They state in the letter that if accepted it will be paid into my account.
I want it paying by cheque direct to me.
However,due to business closing down,there remains an overdraft on the account and they have issued a Termination Notice in January.Can they pay into a Terminated account??

I also have other creditors to pay off and do not think it would be fair to or seen in a good light if I favour Barclays-I want to spread it equally around my other creditors(who would have been paid if Barclays hadn't crippled me) I feel very strongly about this point.Should I quote the Right of Appropriation here?Is that relevant?

I intend to call them to discuss the matter but need advice that this can be done before I do so.
Also..
But my claim was for £2605
Court Costs = £225
Fees since date submitted to MCOL = £180
Total =£3010

Their offer falls short of this.Do I negotiate for the full amount and any pointers for wording here-I want to come across as mega determined and my arguments confident.

Many many thanks!! I welcome PM or can go on the chat room for the next hour if anyone can come on and guide me-I want to make the call before I start work today.

They have one certain way to deny you direct refund but you have two ways, as I see it, to approach this. They do have the Right Of Set Off against other debts you have with them. See here for more information on this:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

According to the above certain conditions would have to apply for them to take the money directly. The amount taken would have to be 'due and payable' such as a missed payment on an arrangement or the whole amount as a result of the overdraft being officially recalled.

Your challenge would be to state that any arrangement to pay the overdraft is in force and payments are up to date so voiding their Right Of Set Off and payment must be made directly to you by cheque. To pre-empt 'underhand' tactics to further state that any official recall from this point onwards is clearly in retaliation to the charges reclaimed and subject to complaint and investigation by the Financial Ombudsman given their blatant abuse of the Right Of Set Off to appropriate funds.

This second option is my personal considered theory. I dont know of anyone who has done it and I would advise you get further advice on it. In theory your second option is to go to court for the full amount & interest & costs and to stipulate in the Particulars Of Claim that refund is paid directly to you by cheque. Once judgement is obtained in your favour it then technically becomes a condition of the claim and judgement that you are paid directly, if you follow what I am saying. To deny you the money directly they would have to defend, appear in court and win the case. I hope that makes sense. Since you have already filed in court you are now entitled to the full amount & interest & costs and shouldnt settle for any less.

If you didnt already know, you can reclaim charges from the business account too, if applicable. Telephone and discuss the matter by all means but I'd strongly advise to get any offers of settlement in writing, consider carefully the terms of acceptance before agreeing to anything and reply in writing keeping a copy. Good luck