just a quick question

[littleangels3]

im writing regarding my hubbys account we sent all the letters think they owed him something like £900 anyway they replied with an offer of £200 as full and final settlement which he accepted much to my annoyance is there anything we can do or has he lost out?

[tezviper]

If he signed the form that would have accompanied the offer and has recieved the money then I'm afraid there is nothing that can be done.

Sorry.

 

TezViper

[hagenuk]

Thankfully, this is not actually true.

 

For any agreement to be binding in English law each party to the agreement must provide what is termed 'consideration'. This simply means something of value in the eyes of the law. With these offers in full and final settlement your consideration consists of a promise not to sue for the remainder. The bank however, does not provide any consideration because they are only giving back what in law belongs to you. The law does not enforce onesided promises. In order to establish that they have provided consideration they would have to prove that the charges were lawful.

 

So the agreement accepted by your husband is meaningless and you may pursue the remainder of the charges, unless - and this is highly unlikely - the agreement was made by deed.

[tezviper]

Wow thats pretty cool, Nice one. Sorry for misinformation.

 

TezViper

[littleangels3]

so what would i need to do then send another lba or straight to mcol hes had a further charge since then aswell.

[hagenuk]

I would start again at the Prelim, give them 14 days, then LBA then file a claim if they have not paid - and this time, no offers!