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.
Recently a few peeps have found themselves in a position where a cheque has arrived through the post regarding their claim, and some have sent letter back saying accepted as partial payment and cashed the cheque.
This carrot being dangled in front of your eyes is tempting but is just another attempt by banks to avoid paying in full CLYDESDALE BANK BEING THE WORST OFFENDERS OF THIS TACTIC.
Please do not make this mistake as others have and allowed the bank to ask the courts to strike claims unless you are prepaired to accept this as it states Full and final SETTLEMENT OF YOUR CLAIM.
Hi George, Do you know anyone in an Engish court whose case has been struck out because the claimant has cashed a cheque and written to say they are accepting it in part payment?
You need to have in writing from them that this is acceptable and yes people have been barred from claiming more due to this, in England it could be challenged although i couldnt say if it would be succesfull as they didnt show "consideration" in the Full and final offer, in Scotland a contract dosent need this so creating the situation where you find yourself barred.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hi Caro and thanks, i hope this helps people from falling into this and stops the CB from as i see it winning by default.
The English requirement for consideration does not apply in Scotland, so it is possible to have a gratuitous contract where all the obligations are on one side.
Note however that not all declarations made by a person to another person will amount to a promise that is enforceable under Scots law. In particular, a declaration of intention, a testamentary provision and an offer will not be a promise.
IT FEEL LIKE CHRISTMAS HAS COME AGAIN
HAS THIS HAPPENED TO ANYONE ELSE!!!!!!!!!!!!!!!!!!!!! !!!!
I have been paid in full by YB (inc interest) over £1000!!!!!!!!! before the court date. This was 2 weeks ago and today I have recieved a letter from Neil McKirdy (a blast from the past) with the cheque enclosed that they offered me back in Nov which I returned to them declining the offer, for half the amount. He states that the banks position remains the same as the letter in Nov. Does he not know I have been paid in full?????????????
Any comments!!!!!!!!!!!!!!!!
I WOULD QUITE LIKE TO KEEP IT!!!!!!!!!!!! WHAT DO YOU THINK
If you've received an offer of settlement from Clydesdale or Yorkshire Bank, it may weell come with a couple of documents to sign. One will be a letter saying that you agree to their settlement terms, and the other will be for the court, ending you action. do not sign THESE DOCUMENTS!
The letter of acceptance probably includes wording along the lines of "I accept this offer in Full and final settlement of my claim against the bank". If you sign this, you won't be able to go back and do a further claim (if that's your intention). It's important that you make it clear that any accpetance is for the existing claim only. You don't need to sign anything they send you, and instead can accept their offer, and end your court action with the following:
Dear Sirs,
<Your name> v <Enter the name of the bank here> <Enter the name of the court and the claim number here>
I write with reference to your offer of settlement of <Enter the date of the letter offering settlement>. I accept your offer as full and final settlement of my claim <Enter the case number here. Make sure it matches the number above> I will inform that court that this action has been settled once I have received cleared funds.
Yours faithfully
Send this to the court, ONCE YOU HAVE RECEIVED ACTUAL CLEARED FUNDS IN YOUR ACTUAL POSSESSION - NOT BEFORE!!!
Dear Sirs,
<Your name> v <Enter the name of the bank here> <Enter the name of the court and the claim number here>
I wish to inform that court that this action has now been settled to my satisfaction.
Your faithfullyY
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
I would immediately make sure your reclaim money is somewhere secure.
I would return the cheque with a copy of the letter regarding reclaim charges in full and thank the writer very much, but thanks, no thanks, as apparently he is not aware that your claim has been paid.
I would send this letter special delivery so they can never claim that you did not make contact with them regarding this matter and returning the cheque to them yet again.
Re: Have you received a settlement offer from CB/YB?
I have today received a cheque from Clydesdale "in Full and final settlement of your claim", because, they say, "it is simply uneconomical for the bank to proceed to a hearing", but they are not asking me to sign anything.
They say that the sum is made up of the charges "that are not time barred". My claim was from 04/02/2001 till 05/12/2002 and the cheque covers everything claimed, including expenses, but only from 04/02/2002.
This is about the five year limit in Scotland, as opposed to six in England. Are they right about this? The proof is set for 7th March.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Re: Have you received a settlement offer from CB/YB?
Robert
I've read the debate in your link. So I take it you are still of the opinion that they will eventually pay the full amount if I reject this latest offer?
Re: Have you received a settlement offer from CB/YB?
Well, they did for me.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Re: Have you received a settlement offer from CB/YB?
Ok RobertX
I came on teh forum tonight to tell everyone I had received a letter from Y/B saying that they are going to refund me my £990. I received documents to sign, including the ones you mentioned.So..now I'm really worried beacuse I signed them and posted them off today! Ithought this was what I had to do as they had said in their letter that they were going to pay me this, they said they did not agree they owed me but woudl pay me as to avoid court costs. One of the documents was a courts one, instructing them to stop the proceedings. I don't intend to attempt another claim on YB as I just want to see teh back of them to be honest! But now I'm panicking I won't get my money since I signed these documents!
Re: Have you received a settlement offer from CB/YB?
You will get the money if you have accepted the offer, but the point of Roberts post is that if you accept this offer, and it's not for the full amount you are claiming, or you will want to do another claim for more charges in the future, you may have a problem.
Knowing YB though, it will probably take them 2 or 3 weeks to get round to sending you the cheque.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Re: Have you received a settlement offer from CB/YB?
Thank you Caro....
I think you are right. But you never know with these guys....
I will keep you posted as soon as I hear anything.
And when my money does come I will donate 5%. I couldn't have done any of it without the forum's support!
Re: Have you received a settlement offer from CB/YB?
I received a letter at the end of last week from Neil McKirdy of Yorkshire Bank offering to refund the remaining balance of my claim after he had previously sent a cheque for less that half, which I returned marked 'cancelled'. He seems to have missed or ignored the returned cheque.
Should I now make it absolutely clear that I require the full amount, which
is £746.28. Also, should I insist that my costs, which include the £10.00 Data Access Request fee, plus postage and disbursements which add up to about another £25.60?
Good News! I was offered a cheque in F+F sett for 50% of claim but wrote back and accepted it in part payment. Cashed the cheque. Y B have tried to have the case stuck out but the Judge wrote to me for my comments. Explained I cashed the cheque in part payment and the case has been still set for hearing on March 15th. Really pleased about this as I was worried I had made a mess of things! Roll on 14 days!
I'm really relieved for you Barnett. I think it very much depends on the judge, but this is encouraging. I think you might agree you were lucky it worked out for you. I bet you had a few sleepless nights though.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Never Accept Cheque As Partial Payment.
SETTLEMENT OF YOUR CLAIM.
Reply With Quote
Re: Never Accept Cheque As Partial Payment.
Re: Never Accept Cheque As Partial Payment.
Good luck getting the rest back.
