Thread: Had offer but want confidelity ?

Have had a letter today from Goldfish saying the usual stuff and offering me partial payment £112. Unfortunately their 14 days ran out yesterday and i posted an lba to them today (our letters crossed in the mail). Should i just wait to hear back from them or should i send another LBA stating that i accept partial payment but will be persuing the rest etc etc
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I would adapt the letter in the link below, and say despite having just sent a lba, you accept their partial offer as an interim payment however will pursue for the remainder:

http://www.consumeractiongroup.co.uk...ent-offer.html

Thanks for that, will send off tomorrow

Was hoping to have had some positive response from Marbles by today, but no such luck. Unfortunately this means i have no other choice than to take them through the small claims court, as have exhausted all other means. What a shame !!! Will be very busy with paperwork tonight lol

Hi Unicorn

There is plenty of help here. Good luck with the claim.

Ukaviator

I have received a reply from Goldfish today after sending a 'response to settlement offer' letter. They will pay the £291.34 i am claiming. However they also said this :-

'the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and goldfish (acting for and on behalf of itself and as agent for any of its affiliates) and any breach of this confidentially by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off. Sign and date enclosed copy letter. I have noted you requested a cheque but as their is a balance outstanding on your account the credit will be applied to reduce the outstanding balance. Offer reamins open until 16th Oct'

I understand what they are asking but i'm not sure what to do next as i feel they are black mailing me so to speak. I dont want to sign the letter. Should i push for a cheque or are they within their rights to credit my account. My problem is i'm paying them off a reduce sum of £20 per month (balance is about £3000) but they are charging me £24 in charges each month so i'm not getting anywhere. I'm tempted to ask them in return for me signing the confidelity letter i want a decent 'settlement figure'
Can anyone help

Yes they are offering me the full amount. I will send a letter back saying i accept but will not sign the confidelity letter. If they refuse to credit my account, my next step will be court and i will tell them that.

Unless they are actually giving you anything (ie over and above what they already owe you) then the confidentiality agreement is not enforceable.

Thank you all for your advice. I have a balance outstanding on the acount of about £3300 and was thinking of asking them for a settlement figure. If i say that i will accept their offer but refuse to be bullied into signing the confidelity letter, unless they make it worth my while, (eg) give me a decent settlement figure on my account. I was going to offer them half (£1500) as settlement. What do you think and what would be the best thing to say ?

Well i suppose its worth a try. They can only say no cant they. Will chance my luck and say that i would be happy to sign the letter if they are happy to close my account and forget about the balance. I refuse to be bullied into this lol

Received letter from GOLDFISH saying that they would pay my claim in full but with certain conditions. One of them being they wanted me to sign a confidentiality letter and, if i did sign and then went back on my word, they would reclaim it back from my account. Have today replied to their letter with this:-
Thank you for your letter dated 2nd October 2006.
I tried on 3 occasions today to contact you by phone. The first two times I was given the number for Buchan, Clark & Wells and the third time I was told there was no number for the Customer Liaison Team, so I am writing instead. I am willing to accept your offer paid direct into my account. I have enclosed an up to date copy including my expenses, which totals 296.12. As I have not yet started any court proceedings, there is no correspondence to send to you. However, I am not prepared at this stage to sign any confidentiality letter and I will not be bullied into doing so. By law I do not have to sign anything.
The balance on my account as of September stands at 3,686.44 and I would like to consider a settlement offer to close the account once and for all. If you were prepared to consider a reasonable and affordable settlement figure which would be mutual to both sides, then I would certainly consider signing a confidentiality agreement, and therefore would not in future discuss any correspondence that has gone on between us, with friends, colleagues, the press etc. Also I note that on my last statement you charged me 12.00 for a Late charge. I paid my 20.00 on 1st September so I don’t understand why I have been charged this late fee. Perhaps you could look into this. I look forward to your reply.

In my battle with Goldfish they have agreed to pay my claim plus an extra £50 'goodwill gesture', total of about £350, however, they again want me to sign a confidelity letter and say they wont credit my account until i do. Where do i stand in this respect. I would like to accept their offer but dont see why i should sign anything unless its worth my while. I told them that in so many words in my last letter, but they have ignored that part. Can anyone please help ?

No its not worth my silence, but i have already told them that. As my account is still open with a balance of £3500 i asked them if we could come to some arrangement on a settlement figure and that would keep my silence, but they have ignored that totally, so i'm now what sure what the next step should be.

You tell them that they have no right trying to impose any conditions on your claim, and that your claim continues until they settle in full with no strings attached. Then you sit back and wait to see who blinks first.

Your claim, your terms. Always.


[4 threads merged]

Thanks Bookworm. My claim actually comes to 296.12 and they are offering me 341.34 (50.00 as 'goodwill' gesture). They say:-
We have noted your comments and we will not accept any amendments made subject to your acceptance of our offer. However in order to bring the matter to a close without further delay we are prepared to offer you a further 50.00 credit to your account.
the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and goldfish and any breach of this confidelity by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off (whatever that last bit means !!!).
I have tried to negociate a deal with them whereby if they offered me a decent sett fig on my outstanding balance of 3500.00 i would agree to sign confidelity letter, but they say they will not accept any amendments.
What should my next move be seeing they are prepared to pay above what i am asking? Should i write back and accept the offer, but say i wont sign the confidelity letter.I'm just not sure what to do for the best. Can you please help.
xx