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tnook

Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

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Yeah I said I didn't want confidentiality, she asked why not. Also rejected clause 4 as it potentially limited my options.

 

Court hearing is still Tuesday. I have my statements. They'd better hurry up or I'll inform the judge they are making it hard to settle by imposing unreasonable clauses.

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Sorry to tag you @Andyorch. Settlement is not complete and the hearing is on Tuesday. Is the following paragraph in their settlement offer going to interfere with my next claim on charges?

 


4 In consideration for the Settlement Sum, the Claimant hereby releases and discharges the Defendant, its employees, successors and assigns from any and all damages, liabilities, interest, costs and obligations, past, present and future, howsoever and whensoever arising, whether known or unknown that the Claimant had, have or may have at any time and in the future against the Defendant, arising out of or connected to the subject matter of the Claim.

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Hi Tnook

 

Reading the wording of "4", | think this agreement between you and BC  is about "the subject matter of the Claim" MEANING this claim for data, so you should still be free to pursue penalty charge reclaims

 

But I will see if Andyorch can give opinion .......


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effectively clause 7 negates clause 4....

 

7. Nothing in this Schedule shall affect any indebtedness the Claimant has and/or may have to the Defendant.

 

Nothing in this Schedule shall affect any indebtedness ( the condition of owing money.) may have to the Defendant.

 

Andy

 


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Thanks Andy and Slick. 
 

Completed settlement today. Will carry on the battle in a fresh thread. 

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Started new thread here:

 

 

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