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Old 18th April 2006, 09:54   #1 (permalink)
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JimAylen Novitiate
Default Claimed too late!

Hi folks,
How I wish I'd found this website earlier.
Although I'm going bankrupt I only have a £600 claim against The Woolwich for unpaid D/D charges which I sent off a couple of weeks ago.

I went slightly over the top; delivered letter to my Branch Manager, posted to Woolwich Head Office and emailed Woolich through their site. As a result initially got multiple 1st responses! Very confusing...

Anyway, now had "goodwill" offer of £275 from Barclays which I was going to refuse or accept and file in the courts for the full amount.

However, having looked through all the possible messages here I have come to the conclusion that I have to accept this low goodwill offer because:

1) If you try to accept the "goodwill" but make it clear that you will carry on with court proceedings then Barclays withdraw the goodwill offer.

2) Barclays appear to use almost the maximum time allowed by the court before offering the full amount; by which time I'll be bankrupt, the account frozen by the official receiver, and any money received given to the credit card companies I owe.

So all in all I just wanted to say thanks for all the posts of wisdom, I wish everyone the best settlements in the future and thank you for the site.
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Old 18th April 2006, 11:18   #2 (permalink)
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Default Re: Claimed too late!

Re point (1) - Yes, in all likelyhood, they would withdraw their offer...

Overall, it is always down to personal choice whether or not to accept an offer below the amount you know you are entitled to - your circumstances might suggest opting to take the sum offered....

But, if their offer is not "full and final" then there is nothing stopping you from accepting it, and then, once banked, persuing the remainder at a later stage (although I'm sure you would need to discuss that later action with the administrator etc)

Only you can decide what's best.

Good luck
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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Old 18th April 2006, 16:00   #3 (permalink)
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Default Re: Claimed too late!

Offer was "full and final" so have accepted it and consider it closed now.

I just spoke by phone to a MR KARL VOLLER who's a Customer Relations Manager at Barclays.

He told me that there is a test case going through the courts (higher than County Court) at the moment which all the banks are watching as it WILL set a precedent.

He admitted he didn't know what would happen but that was the reason Barclays (and in his opinion a few other banks) are stretching the time as much as possible, in case the court rules for the bank.....

Good luck everyone from someone who claimed £600 and had to accept £275.
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Old 18th April 2006, 16:06   #4 (permalink)
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Default Re: Claimed too late!

He might have been referring to Stephen's case (see other threads) - unfortunately it was a non-result, insofar as the judge decided he was not really able to decide on the issue. But watching Stephen's threads, it is only an obstacle, and something else will be planned soon.
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