Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
The story so far...
This is just a small one, only asking for £40.- unlawful penalties back.
Prelim sent, reaction came today:
Bla,bla, "...fair, reasonable and compliant with all applicable laws..."(!)
Also: "Whilst strongly disagreeing with the Office of Fair Trading's legal position on credit card default charges..." (goes on about having lowered charges to £12.).
So they strongly disagree with the OFT?
Tough! lba has already been posted. With flash C.A.G. sticker on the front!
Tick.
Tock.
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
The "Trainee Solicitor" signed the letter we got today, so he's the one who will receive our reply, accepting the money but not agreeing to their terms (i.e.confidentiality).
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
I am in receipt of your offer for a Full and final settlement and enclosed cheque for £XX.XX.
As the payment of the money is tied to your conditions of me agreeing to not “court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential” I unfortunately cannot accept your offer.
I therefore will not be discontinuing my legal proceedings at this time.
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
The trainee solicitor sent us another letter today:
"I note the contents of your letter dated 23 October 2006 outlining your concern regarding the issue of confidentiality. I also note you did not rturn the cheque. If you retain and deposit the cheque this is acceptance of Full and final settlement and you should contact th court confirming you are discontinuing proceedings."
Am I right in thinking this means we can cash the cheque even though we have not agreed to any confidentiality?
:idea:
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
If you did not sign their agreement then they cannot impose the conditions,unless of course they have made it clear in writing, that by depositing the cheque you are consenting to Full and final settlement which conditionally prevents you from disclosing or discussing the case.
You could write to the court
However if their letter is deemed as "Without Predjudoce " there may be a problem.....I will get some further opinion here to clarify..
To the Court Mnager................Cou nty Court re claim No.... .......V.......
Dear Sir
Please be advised that a settlement has now been made by the defendant in the above matter.
Whilst the Claimant is happy with the monetary side,feels unable to comply with conditions attatched in acceptance of the same,namely that of my rights to discuss or disclose details of my case to any third party.
I trust this can therefore be noted
Yours Faithfully
copies to ..............county court ......................... Defendant Solicitor.
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The letter he sent with the cheque was: "(...not commercially viable or cost effective for the Bank to defend...) Therefore, I am writing to advise you that the Bank is prepared to pay tou the ull value of your claim being £85.72 in Full and final settlement of these proceedings. A cheque is enclosed with this letter. Please note that payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or rfer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential. Please confirm that you will now be writing to the Court confirming that you will be discontinuing proceedings."
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Well the letter says "subject to your agreement ".......as you have not agreed in principle nor by signing and returning anything to them it looks like their conditions have no legal framework.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
If they are only paying out what you are entitled to then there is nothing to make any confidentiality agreement stick. In English law for an agreement to be binding each party must give what is termed 'consideration' ie something of value. They are only paying out what you are already entitled to so therefore they are giving nothing in return for any promise by you to remain quiet. To enforce such a confidentiality agreement they would have to show the charges are lawful and therefore they are giving you something you are not entitled to.
I would say just cash the cheque and inform the court that the matter is settled. They can not enforce the confidentiality side of things in any event.
Just to let you know: we returned the cheque, repeating what we said in our letter a few days ago (can't accept due to conditions), and today we got the cheque back with a letter that goes: "Please find a cheque enclosed with this letter for £85.72 in Full and final settlement of these proceedings. Please confirm that you will now be writing to the Court confirming that you will be discontinuing proceedings."
So that's finally it for this one!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Thanks
Did the survey, donated our little bit for this one...hopefully will be getting a whole lot more from other claim soon...donation then will be a bit more than this time's £5.-
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Warms vs NatWest credit card **WON**
has already been posted. With flash C.A.G. sticker on the front!
Reply With Quote
Originally Posted by BankFodder
Re: Warms vs NatWest credit card
