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FAO Dave - re: Bank's Damage Limitation


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Hi Dave,

 

Just wondered if you could clear up a query regarding offers of payment from banks...

 

If a bank's offer, before court action, is less than the amount claimed BUT states that it is a full and final, do you still need to respond with "I accept but will claim the remainder" or should you ignore it and proceed?

 

My guess is that "full and final" means you can't say both....

 

It is not mentioned specifically in your sticky.

 

Cheers

John

 

(p.s. - only posted this because your inbox overfloweth...!!)

..

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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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I know this ones for dave, but in my personal opininon i wouldnt accept it and press for the full amount.

 

Stop letting the money do the talking and think without being emotionally attached to the cash.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I would say that if you make an offer on the basis of it being "Full and Final" that is a condition. Therefore if you are not accepting their "offer" - that "offer" would no longer be on the table.

 

I would say that you also do not have to wait for the end of the 14-days - they have given their "final" offer - so it's off to court then!

Alan, Derby, UK.

 

 

 

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Thanks Natasha (and Alan), but the query is not for me. I would dismiss it out of hand!

 

I have responded to other posts asking the same question (because it is not specifically dealt with in the FAQs) and need clarification, as do others by the look of certain posts.

 

Cheers anyway.

..

.

 

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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Personally, I would write back accepting, but stating that you accept it, but you will continue for your claim for the remainded as you believe the money to be legally yours.

 

Barclays (and probably others), will withdraw the offer, from past experience, but then pay up when faced with having to go to court to prove that they are entitled to the cash.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Thanks... :-)

..

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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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your welcome.

 

Yeah i understand what your saying, people have to be very careful when accepting "offers" and make sure they read the conditions of the offer throughly.

The reason i said think without being emotionally attached, is because people tend to start thinking is this the best offer they can get, start to get scared and give in so in my opinion even if it didnt say "full and final" i still wouldnt accept it until the full lot is on the table.

 

Best wishes

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Share on other sites

"you're" welcome ;-)

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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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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