Please help .....

[MadFairy]

I have received a full and and final settlement on my Halifax Current Account. My claim was for £2282.00 and the offer is £1968.00, but I have to accept future charges. I am tempted to accept this as its so high, this offer has been given to me after me only sending a prelim letter to them.

 

My problem is this, I have received the standard form to sign and if I sign it and agree to their terms and take the cash, will I forfeit the right to go after my Halifax Visa charges?

 

Please help me if you can ......

[David1004]

There are a couple of things to consider. The offer is over £300 short of your claim and it doesn't include the Statutory 8% which you would add at the claim stage. Although you're tempted, if you can hold out financially I would advise you to stick to your claim. Secondly, if you stick to your claim and start the court action you do not have to be bound by signing anything. You are taking action against them and there should be no conditions attached. Stay positive, stick to the timetable and you will get settlement of the FULL CLAIM.

Regards

David

[tezviper]

I agree with David here, I turned down an offer with similar conditions and was rewarded just over 3 weeks later with my full amount plus interest and it was also unconditional, leaving me to claim in the future if need be.

[Bunty]

Hi All of You, I,m at a similar stage, I had a letter 2 weeks ago offering me half my total of £6k. I wrote back with the letter stating I will accept the offer but will still persue all of my claim and advicing them that I will then go ahead with court action if I don,t hesr from them by 13/12/06. Well todays the day and I,ve not had a reply. Whats my next move now? please help.

[Aaronsdad]

Hi, I fully agree about holding out and getting everything back.

 

Bunty - if you sent them an LBA and the date was 13/12 get onto MCOL and file away!

 

A D

[tezviper]

Hi Bunty, Did you send your last letter ( i'm assuming it was the LBA ) by recorded delivery? because I know from experience that they may claim to have never recieved the letter. At least if it was recorded you will know that it has been signed for.

 

TezViper

[MadFairy]

Thanks for the advice, I know that is what I should do, however I've decided to accept the settlement offer. Its a hell of a lot more than I expected to get on my first offer and I still have plenty of other institutions to go after, including my Halifax Visa Card.

 

I have written a letter of acceptance, stating that I am only accepting this a full and final settlement of the complaint made against my current account. Plus, they state that in their "terms" that all future charges will stand .... unfortunately without them having shown that the charges are lawful, then surely all future charges are still unlawful and I will still be entitled to reclaim. Not that I intend to get any charges anyway! All the charges I had on my account were from a bad time back in 2004 anyway. But I guess we never know what the future holds ....

 

Hopefully they'll decide to reduce the charges to a more acceptable amount and thus stop the influx of complaints they are receiving. I'll start new threads for my other claims, which will be in January.

 

I'll also let you know if I get my refund!

 

Thanks everyone!

 

[livelylad]

Thanks for the advice, I know that is what I should do, however I've decided to accept the settlement offer. Its a hell of a lot more than I expected to get on my first offer and I still have plenty of other institutions to go after, including my Halifax Visa Card.

 

I have written a letter of acceptance, stating that I am only accepting this a full and final settlement of the complaint made against my current account. Plus, they state that in their "terms" that all future charges will stand .... unfortunately without them having shown that the charges are lawful, then surely all future charges are still unlawful and I will still be entitled to reclaim. Not that I intend to get any charges anyway! All the charges I had on my account were from a bad time back in 2004 anyway. But I guess we never know what the future holds ....

 

Hopefully they'll decide to reduce the charges to a more acceptable amount and thus stop the influx of complaints they are receiving. I'll start new threads for my other claims, which will be in January.

 

I'll also let you know if I get my refund!

 

Thanks everyone!

 

 

 

Ok you cant sign away future claims as they are unlawful and the law will not allow you to do this, so if you need to make future claims you can.

 

Also,

For any agreement to be binding in English law each party to the agreement must provide

consideration. Should you accept an offer in full and final settlement your consideration consists of a promise not to

sue for the remainder. However, there is no consideration on the part of the bank because they are only giving back

what in law belongs to you. The law does not enforce one-sided promises. In order to establish that they have

provided consideration they are required to prove that the charges are lawful For a binding contract to exist, there must be an offer, a consequential acceptance, consideration for the deal and an intention to create legal relations without the consideration, no legal binding relationship exists.

[willmurr6]

Hi All

Just to update as i haven't been posting for a few weeks due to illness,as you know we received payment for our first summery cause,have started 2nd claim which was deemed served on 29th nov,return date 11/01/07 hearing date 18/01/07 so just waiting on it being settled,what i was wondering would it be worth phoning halifax and asking if they won't just pay us the remainder of claim which is about £4k as we will have to do another summery claim and a small claim,surely as they know they are going to have to pay up anyway it would save them on court fees and interest.I also haven't made a donation to the site which is annoying me as you have all been great,but halifax have taken my cheque book and debit card off me so have no way of making donation,or is there any other way of doing it,i don't have any credit cards either.Has anyone else had this done to them and is there anyway of getting them back.

Thanks again for all your help

Willmurr6

[willmurr6]

OOPS

i think i have done something wrong,i thought quick reply went to my own thread.SORRY

[willmurr6]

Hi All and a HAPPY NEW YEAR to you all.

Just to update i am waiting for payment of my second summery cause claim which was deemed served on 29/11/06 hearing date 11/01/07.phoned customer services today who told me they had sent letter to court and it was being dealt with by there legal dept and they had a backlog but it would be dealt with by the 11th jan,so do you think it is just a case of watching my bank account.Also i havent been able to donate to this great site as i dont have a debit card at moment so can someone tell me if there is any other way of donating.