omollmeg v Barclays - **WON**

[omollmeg]

Hi I did all the preliminary letter writng and within 10days of sending it I got a reply saying most of the things already posted but that they "disagree with my legal analysis" and that when an account is opened the customer is provided with a copy of Terms and Conditions blah blah blah

Then :Quote "Putting the above aside, on this occasion and as a gesture of good will, I confirm I am willing to refund £1000, being almost half the total amount of charges claimed I am unable to agree to refund any overdraft interest you have incurred. I hope you agree this is fair and reasonable. If you would like to accept this offer please sign and return the enclosed form in the pre-paid envelope provided. I will then arrange for the payment to be credited direct to your current account.
If you wish to discuss this letter, or feel there are further issues I need to consider, please contact me on my direct number. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.
In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.
Yours Sincerely.......

The total amount I was applying for was £2035 + £539.98 in interest so the amount they have offered is not half.
What should I do ??
It doesn't help when my husband thinks I should take the money as he is worried my account might get shut down..
Any advice please....
Many thanks
EVO

[Spiceskull]

Step one: open another account with another bank whilst your credit rating is good - this will prevent a divorce...and will provide you with a parachute if they do close your account

Step two: they suggested the ombudsman - take them at their word. A letter from the ombudsman will cost the bank £370 (see other threads)

Step three: what is the basis of the good will gesture refund (ask them)?

If it is purely goodwill, then proceed with the full claim (the bank is lawfully entitled to demonstrate goodwill to customers...)

If it is as a refund of your charges, ask them to apply goodwill gestures to the balance of your claim (the full claim)

Whatever they say, accept the money on the proviso that you will continue with your claim, and that the deadline you set them is still running. Obviously settlement of your FULL claim within this timeframe will enable you to stop the claim going to court...

Good luck.

[Docubot]

I would write and accept (sign nothing, especially not their form) and inform them that you will persue the remainder through the county courts.

Wait and see - you'll get it all back.

PS. As a side note, I never claim the extra interest - they ARE entitled to cover their costs and I believe the extra interest as a fair way of doing so.

[BankFodder]

Originally Posted by Spiceskull

Whatever they say, accept the money on the proviso that you will continue with your claim, and that the deadline you set them is still running. Obviously settlement of your FULL claim within this timeframe will enable you to stop the claim going to court...

Good luck.

You do not need to accept their money on any proviso. Just take the money. What you must not do is to accept their proviso that it is in full settlement.
If they do not make this condition then take the money and then go for the rest. You do not need to give them any warning when you are accepting their "Goodwill" gesture.

[omollmeg]

Hi
I just spoke with Lisa Brown-Customer relations manager and said that I would like to accept the £1000 but that I would stil be going ahead with the full claim. She said that the offer was a "full and final settlement" and I could not do both.
What now????
I don't want any bad ratings with bank etc have been with them for more years than i care to think about....
Phone number 020 7116 3994

[Geordie_Aaron]

if your wanting ALL your money back..... start a claim

[apollo69]

I believe and I could be corrected that there is no such thing as full and final settlement. I don't think that you taking the £1k can stop you from going to court

[Geordie_Aaron]

possibly could though?

As you'll have signed a piece of paper stating that you are 'happy' with what you've been offered and will accept it with no come-backs to the bank....???? also, i may stand corrected

[richardc]

Originally Posted by apollo69

I believe and I could be corrected that there is no such thing as full and final settlement. I don't think that you taking the £1k can stop you from going to court

There is such a thing as a full and final settlement. If you take money and sign that it is full and final settlement of your claim, you can not then take further action in the courts to recover the remainder.

[omollmeg]

Thanks for your help guys.
Still not sure what to do. £1000 alot of money and could
really do with not getting as far as court! Decisions decisions!!
Don't like bailing out either though...

[Geordie_Aaron]

how many threads have you opened about this one claim?

[omollmeg]

Three








MODERATED threads joined .please keep to your original thread when updating this is for your benefit and the benefit of everyone who is following your claim

[Natasha]

Please can you keep all your questions that relate specifically to this claim in one thread, that way it makes it easier for other members to follow your story.

-thread locked-

Thank you

[Docubot]

I find that difficult to believe - no bank is above the law - they cannot enforce a waiving of your statatory rights, surely?

They are basically saying that they want immunity from the law for a grand!!!?

I think that would be a breach of the UTCC regs.

[Docubot]

If it were me I wouldn't play their game - I'd play mine.

If they thought they were right, then they wouldn't give a penny back.

Yours is exactly the reaction they are hoping for by offering 50% - I wouldn't let them dictate to me how to conduct myself in this way - I would carry on with my original threat.

But, that's just me.

[omollmeg]

Have decided after lots of reading on this site to go ahead.
I am going to send the customer aknowledgement slip back with DO NOT ACCEPT written on it.
Should I send anything else??another letter perhaps?and if yes is there another template as couldn't find one.
Many thanks

[omollmeg]

Ok I have now sent a reply!! Thought I had better do it before I got cold feet!
I put
I refer to your letter dated 21st March.
I have noted your offer and I am not prepared to except it as full indebtedness is £2,574.98.
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked..............
I require repayment in full of this money. If you do not comply fully within 14days then I shall begin a cliam against you for the full amount plus intersest plus my costs and without further notice.
Yours faithfully

Fingers crossed

[BankFodder]

Well done.
You can actually enter into a contract where you agree not to sue in return for a payment of money.

I need to look into it though because it doesn't feel very satisfactory to me - as Dave suggests.