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Lloyds made me an offer but...


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I followed the guidance on this website and Lloyds TSB's solicitors offered to make a payment to me which was to be a final conclusion to the matter. I was about to accept this offer when low and be hold they sent me a letter telling me that there about to take further charges on the 9th May.

 

So I wrote telling them that I would accept the offer if these further charges were not added to my account and I would then be happy to be bound by all of the terms of their offer.

 

Just wanted to check that I've dont this right. I know that if you hold out for interest etc the court is likely to rule that your been greedy. I didnt think this would apply here as I asking for nothing more than whats mine.

 

Any comments would be much appreciated. Cheers Tom.

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Yeah it was an offer for a full refund upto the date of the offer. But accepting the thier offer meant that I could not then reclaim any charges which they may have applied in the future.

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Yeah it was an offer for a full refund upto the date of the offer. But accepting the thier offer meant that I could not then reclaim any charges which they may have applied in the future.

It's the general concensus here not to accept that kind of offer. The charges are unlawful... reclaim your rights as a consumer.

 

Stick it out if you can. Pressure on the banks is good. Hopefully the banks will start listening and change their policies sooner rather than later. Good luck.

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It's the general concensus here not to accept that kind of offer. The charges are unlawful... reclaim your rights as a consumer.

 

Stick it out if you can. Pressure on the banks is good. Hopefully the banks will start listening and change their policies sooner rather than later. Good luck.

As a general principle, I would accept any offer of refunds of the banks made to me. As long as it is unconditional, especially. As regards to the possibility of future claims. It may be that they try to make an offer to you and insist on confidentiality. That is up to you. But if you accept an offer, which prevents you from claiming charges in the future, or even worse, in which you accept their charges in the future. Then you really are giving up your Right

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This is the typical kind of wording on a Lloyds' offer of settlement (other banks too):-

 

"Payment will be in full and final settlement of this claim and any future claims either of you have or may have against the Bank"

 

You are advised not to accept an offer like this.

 

It has to be said, however, that there is some doubt whether such a promise wold be binding insofar as it applies to charges which are unlawful.

It is difficult to imagine that the courts would support an agreement which was intended by the stronger bargaining partner to frustrate the court in its application of the rules relating to the non-enforceability of penalty charges.

 

Certainly if any User here wanted to go on in the future and recalim charges despite having entered into an agreement which apparently barred future claims, I feel that they could do so with a pretty good chance of success.

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I have replied to them accepting thier offer of the repayment of the charges in question. But I pointed out to them that this would only be on the provison that future charges would not be applied. I am waiting now for them to come back with a re-drafted offer.

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I am in the same position, I am perfectly willing to settle but without such conditions. Yet to hear back from them - maybe they won't get around to it and it will go to court :)

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  • 12 years later...

This topic was closed on 09 March 2019.

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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