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.
I have been helping a few people claim back charges. When the Royal Bank finally offers a full settlement, they ask you to sign a form saying you will accept it as the full settlement and that future charges must stand. Does anyone know if you refuse to sign saying saying they can continue to charge illegally, they will still settle without requiring you to sign to accept future charges, if you contine with legal action.
Thats a very confusing question! But from what I can make of it, heres what I think.... firstly the bank charges are unlawful, not illegal. Secondly, it doesn't matter what you sign, you can't sign your rights away.
"It doesn't matter what you sign; you cannot sign a legal right away if it's granted in Law. You could sign an affadavit saying I will never ever claim from you again for anything at all; and then claim the next day because you are legally entitled to that for which you claim.
Yes I see what you mean about the confusing post, when I read it again myself. Thanks for the reply, you did get to the question I was asking anyway. My concern was that if the bank offers a full settlement of your claim they also ask you to sign a form saying that future charges they make to your account will be accepted. I was trying to determine whether agreeing to this would prevent a future claim against them for unlawful charges. I thought, as you say, it doesn't matter what you sign, you can't sign your rights away, was the case, but I was not sure.
You dont have to sign.
If this is one of the conditions then strike out that wording and sign.
They are concerned that you inform the court that they have settled,they have no wish to see you delay that.
By imposing conditions they have effectively not settled your dispute 100%.
By signing as Full and final settlement it does restrict you,in particular if there is a confidentiality agreement.
This is a legally binding doc.
If there are any uncertanties then you should not sign anything at all.
For anything to be legally enforceable would require you to sign and return.....if you do not do this then thats basically the end of it
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