Help I Think Ive Messed Up!

[MrsF]

I Have Had £148.00 Of Charges Refunded From Halifax. However I Have Now Incurred 3 More = £88.00. Ive Rang Halifax As I Dont Believe They Are Valid Charges, However They Are Insiting They Are Valid And Will Be Taken From My Account Within 7 Days.

 

I Signed An Agreement When I Got The 148.00 Back Which The Declaration I Signed Read:

i Confirm That I Accept The Offer Of £148.00 From Halifax In Full And Final Settlement Of My Complaint Regarding My Bank Charges Made On Any Of My Halifax Account

Does This Mean I Cannot Claim Back Any Charges Since The Date I Signed This Declaration? Halifax Seem To Think That I Cannot Claim Them Back Because Ive Signed To Agree The Above But I Believe That I Haven't Singed To Agree That I Wont Claim Back More Charges As It Doesnt Say This In The Declaration. Am I Right? Can Anyone Help Me? Please

 

If I Can Claim Thm Back I Will Deliver The Lba Tommorrow.if Not Then Ive Messed Up.

 

Thanks In Advance

[Ihatebanks]

I would they that your agreement was to that complaint as it did not say any future complaints prehaps one of the Mods can advise

[Milamber]

I agree - the acceptance was in full and final settlement of your claim. That aside, you are prevented from signing away your rights to future actions.

 

As for the charges, I think Spiceskull had a letter that stopped all these. Have a look at his thread.

[zootscoot]

Hi Mrs F

 

The question of whether you can claim depends upon whether the document you signed was a deed. If it was a deed it would have to say that it was a deed, be signed as a deed and signature witnessed. If it was a deed the agreement is enforceable and you can not claim.

 

If the document was not a deed then you can claim despite signing this agreement. This is because an agreement is not enforceable in English law unless there is what is termed 'consideration' this simply means that something must be given in exchange for something else. With your agreement you have promised not to claim, which represents your consideration, but they have not provided anything in exchange, because the money they gave you already belonged to you.

 

Hope this helps

 

Zoot

[Michael Browne]

I Signed An Agreement When I Got The 148.00 Back Which The Declaration I Signed Read:

i Confirm That I Accept The Offer Of £148.00 From Halifax In Full And Final Settlement Of My Complaint Regarding My Bank Charges Made On Any Of My Halifax Account

 

 

The agreement says 'made', ie charges already made, it doesn't say ' to be made' ie future charges and any agreement that takes away your legal rights is invalid.

[dan-rides-bikes]

when you signed for £148 how much were you actually claiming for ?

[MrsF]

Hiya Everyone Thanks For You Help So Far.

 

I Was Claiming £176.00 Back Last Time But Agreed To Settle With £148.00 .

 

I Have Definatley Not Signed A Witnessed Documentor A Deed, I Have A Copy Here And It Says At The Top 'acceptance Form In Full And Final Settlement' Then What I Wrote Before Then The Signature/dated Boxes For Both Of Us To Sign (joint Account)

 

Im Gonna Try And Claim Them Back Anyway Because I Looked Upon The Agreement As A Settlement To My Complaint At That Time Not A Future Settlement For Any Further Claims I May Have To Make.

 

Im So Sick Of The Halifax, These Charges Were Accrued Because Of An Error On Their Part Which They Are Refusing To Accept Was There Fault.

[MrsF]

I agree - the acceptance was in full and final settlement of your claim. That aside, you are prevented from signing away your rights to future actions.

 

As for the charges, I think Spiceskull had a letter that stopped all these. Have a look at his thread.

 

IVE BEEN LOOKING FOR THIS LETTER, CAN YOU POINT ME IN THE RIGHT DIRECTION?

 

THANKS IN ADVANCE

[zootscoot]

Good for you!

 

Show them no mercy. Best of luck

 

Zoot