Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Royal offering full settlement

    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.

    Regards

    Gary

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    Default Re: Royal offering full settlement

    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.

    So - even if you signed an "any and all claims, and all future claims" clause, it could only make it slightly more difficult. You can claim for charges going back as far as the bank has records; although no-one has tried to go beyond the six years yet in court." (Stonelaughter
    http://www.consumeractiongroup.c o.uk/forum/royal-bank-scotland-bank/6721-stacymason-rbos-2.html)

    Thirdly, I'm confused as to your last point, why would you continue with legal action if you've been offered the full amount?

    ~ I'm a lover, not a fighter... well, most of the time ~

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    Default Re: Royal offering full settlement

    Lucy,

    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.

    Regards

    Gary


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    Default Re: Royal offering full settlement

    Ah good - glad I answered your question, it was in there somewhere!!

    ~ I'm a lover, not a fighter... well, most of the time ~

  5. #5
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    Default Re: Royal offering full settlement

    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 finalicon 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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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE