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)


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Thread: General Query

  1. #1
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    abjohnson Novitiate

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    Default General Query

    Hello,

    I've already claimed once against HSBCicon for my current account, because of my financial situation at the time i unfortunately had to accept their offer (which was £300 less than they owed), and sent a reply to the "Full and finalicon Settlement" letter.

    What i want to know is could i claim again??? They have taken more than £200 in charges off me since i got the settlement back (which was about 5 months ago now), can i claim a second time or have i lost that right because of accepting their offer last time?

    Any help greatly appreciated, thanks.

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  2. #2
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    Default Re: General Query

    You can claim as many times as you want while they are charging you. However, you should remember that if you claim again there is a chance that they will close your account

    HSBC
    7th October 2006 - Prelim for £3078
    24th October - LBA
    7th November - Claim filed
    11th November - Acknowledged with intent to defend
    11th December - Defence filed
    16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

    Halifax
    7th October 2006 - Prelim for £3427
    24th October - LBA
    3rd November - Offered £913
    3rd November - Accepted as partial payment
    7th November - Claim issued
    21st November - Acknowledged with intent to defend
    11th December - Offered full amount but no late payment removal
    4th January - SETTLED + removed adverse credit info

    A & L
    19th October - Prelim for £540
    26th October - Offered £358
    2nd November - Accepted as partial payment and LBA
    27th November - SETTLED + removed adverse credit info

  3. #3
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    hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative

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    Default Re: General Query

    alexifa is absolutely correct, you may of course claim as many times as you wish, but sooner or later they will be very likely to close your account.

    However, if you are willing to run that risk and claim again then you may as well claim for the £300 that you did not get last time.

    Regardless of any letter you signed and returned to them for any agreement to be binding in English law each party to the agreement must provide what is termed 'consideration'. This simply means something of value in the eyes of the law. With these offers in Full and finalicon settlement your consideration consists of a promise not to sue for the remainder. The bank however, does not provide any consideration because they are only giving back what in law belongs to you. The law does not enforce onesided promises. In order to establish that they have provided consideration they would have to prove that the charges were lawful.

    So any agreement regarding the amount accepted by you is meaningless and you may pursue the remainder of the charges, unless - and this is highly unlikely - the agreement was made by deed.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received

  4. #4
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    abjohnson Novitiate

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    Default Re: General Query

    Thanks for your replies alexifa and hagenuk, i will have to sit down and mull it over, but as i couldn't follow up last time and am now in a better financial position i'm enclined to take them for everything they owe.

    Thanks again.


  5. #5
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    abjohnson Novitiate

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    Default Re: General Query

    I'm not enclined i'm inclined!! Will let you know if i start the procedure off again.



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