RBS Bank Charges - Hardship

[yourbank]

Thanks for coming back yourbank. I have been offered back £8400 in charges from a claim of £9400. I'm happy with that as I could do with the money. There is £4000 overdraft arrears to pay off and again I don't really mind doing this although I already have an agreement in place to pay it off over 5 years.

 

The big problem is that I have a CC debt of £10,000 with RBS which I have already been down the CCA route with and which they only have a totally unenforceable application form for. I have no reason to believe that they can take money out of my account to pay this while it is in dispute but I wouldn't put it past them, and if they do then basically I get no cash back in my pocket.

 

The problem is that my account is frozen so I have no access to it to see when they make the repayment or to stop them from taking out money and paying it to the CC people. Just wondered if this is something they can do or are likely to do?

 

Thanks!

 

Ok, on the acceptance form write I will accept the sum of £8400.00 if £x.xx is to pay off the overdraft, £xx.xx to pay of priority debt arrear 1 and £x.xx to pay of priority arrear 2 etc etc, etc and I will assume that money paid into the account is acceptance of the terms.

 

Ouch on unenforceability though because the bank would have the right to offset it against that debt but I think you can argue if they do not agree, to the Ombudsman that the priority debt arrears once the overdraft is paid off takes priority over credit card(non priority) debt.

[IdaInFife]

you can ask them to do a partail refund via cheque.

 

If you want to accept the offer then write back accepting it stating that you authorize £xxxx.xx amount to paid direct into the OD account to clear the balance and that you want the remainder £xxxx.xx paid by cheque sent to your home address within 7 days

 

ida x

Edited August 22, 2009 by IdaInFife
honest ia have had NO vodaka today YET!

[ChrisGr]

Thanks Ida I might try that. At least that way they will have to say that they intend to do something else with the remaining money other than give me it back. Have you had any success with this approach?

[IdaInFife]

not personally

 

 

Thanks Ida I might try that. At least that way they will have to say that they intend to do something else with the remaining money other than give me it back. Have you had any success with this approach?

 

got it in one especially as this is a hardship payout

 

ida x

[IdaInFife]

add the bit that you need a cheque for £xxxx.xx so that your other priority debts can be paid

 

ida x

Edited August 22, 2009 by IdaInFife
not even had 1 vodka yet!

[ChrisGr]

Hi guys,

 

Just a quick note to thank you all so much for your help! I managed to claw back £8400 from RBS from charges of £9400 and they have released the full amount to me with an agreement to pay back overdraft and mortgage arrears on the monthly basis.

 

All the help and advice I got on here really helped and now I can afford to clear some othe debts and have some left over for my soon to be born baby.

 

Many thanks - its onto the credit cards now!

[IdaInFife]

glad you got it!

 

ida x