Can you decline a full offer and procedd to court over the payment method????

[Paule]

I was just having my lunchtime pondering session (not to be confused with my late morning or early afternoon session)

1) You have a claim against a bank for £1000 + £100 court fees,
2) You owe the bank £1500

The bank offers to settle for £1100 but to pay it direct into your account.
I know they are within their rights to do this for the £1000 but can they also put the £100 into the account.

Surely they are enriching themselves this way.

Hang on got another thought.

Are the banks doing this on purpose for this very reason?
If you owe them money, fair enough they are losing the charges, but they are reducing what you owe them plus they are getting extra money from the Court & AQ fees you have paid out.

I am now coming upto claims in which I owe the banks money and the win will pay off some of the debt, but why should I give them an extra £220 quid that I cant afford.

Finally The Question

If the bank offers to pay the full amount inc. fees but direct into your account, what chance will you have if you decline and go to court using the above arguements.
I know that i always put in my POCs that payment to be made by BACS credit to a nominated account. Is this enough grounds to decline the offer and go to court,

Paul

[Glenn UK]

FWIW

By vritue of the contract you have with them they can offset monies against your debts so i think as you say they can do this.

However, the cost is money you have (?) expended assuming this reflects court fees.

If its court fees then they have no grounds to pay it into the account imho.

If pusghed i would go before a judge to plead this all things being equal.

JMHO

Glenn

[biscuits]

You are entitled to your court fees back, so ask for a cheque for that amount.

[shellfishb5]

PKea
hi i have just had the same problem with nationwide, i won my claim and they paid the money into the account this included £60 court costs and SAR fee which i had asked n/wide to return to me. After several phone calls they have agreed to pay me the £60 by arranging for me to withdraw the money from the account at my local branch. They originally insisted that the money had gone to pay the debt, i argued that the court costs and SAR were nothing to do with the debt so i should be entitled to it back, n/wide said they couldnt send a cheque out why?

[pam1]

Re: Can you decline a full offer and procedd to court over the payment method????

When i entered money Claim i did it online with my mums card, I asked money claim the effects this had on the cost.
She enformed me that the bank would have no rights at all to with hold the charges to my account as the money is due to my mum and you can request in your claim that this is seperated as such.

They have no right to with hold it anyway, but this may be an even better way round the problem.

P