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.
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Hi,
This is probably just me being paranoid, but just a little concerned about the terms RBoS of accepting their full & final settlement offer. Basically sent of prelim on 8/1/07 for charges on my account. On 20/1/07, rI eceived offer of repayment of full amount in full & final settlement as a 'goodwill gesture'. This is what they said:
Any charges that accrue in the future wil be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.
I know this is probably just an empty threat, but just a bit concerned that by accepting the full & final settlement, if I get any further charges in the future I wish to claim back, they might wave this in my face & say I agreed to them taking away my OD facility.
Also, should I fill in their form, or should I write to say I accept if I decide to do so?
The other thing is they refered to the T&Cs I agreed to when I opened the account. I was never given a copy of these, so in fact didn't agree to them. Is this right?
Hi, I got the same letter! just filled in the slip they sent and posted it back. They might down grade your account, will let you know if it happens to me.
It is reasonable if your a Bank that you may wish to limit your liabilities in terms of charges incurred by customers like us, I guess
Mortgage Late Fees Claim Kensington 09
RBS S.A.R - Full settlement of £1,500 19/01/07. BOS-14K Sold to DCA- No CCA so no pay.
Loyds-TSB Pre-Lim Ltd Co business account. AMEX sold to CapQuest-then sold back to Amex.
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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.
As I understand it they are saying that if you are charged in the future and claim again then they may close your account. If you simply incur charges and accept them then you are OK. Halifax has the same policy.
What I intend to do when I get my settlement is to put it into my savings account, with instructions left with the bank to dip into it if I'm ever in the situation where my main account might go overdrawn. At least I'll have that as a cushion if anything unexpected crops up.
Of course, they might just shut me down anyway but I have a parachute account set up just in case.
When you opened the account you will have signed to say you agree the T&C usually the small print. You can request a copy of them and rread them if you wish.
The bank has the right to recall the overdraft if they choose at anytime. They usually give you a perion of notice first.
You can claim further charges if they are levied in your account, please be aware that they are more likely to close your account if you continue to make claims.
If you don't want to accept the settlement on their terms then just write them a simple letter saying you accept the payment as Full and final settlement of THIS claim and also add that should you occur excessive charges in future you will look to reclaim them again.