Claiming again on an account?

[welshgirl78]

Hello,

 

Just wondering if anyone has any advice about claiming again?

 

I received £700 in charges (from over 6 years) in August 2006

 

However have somehow racked up £900 in the last 6 months due to not being paid properly etc. Sent prelimerary letter and received reply saying they wouldn't pay again due to having paid once - however this is not what the letter stated - rather will close account.

 

Guess this is inevitable - does any one have any experience?

Am thinking will just carry on as before as am actually far more angry about these charges than before as have been based on very minor amounts and wages gone in following day etc

 

Would love to hear any advice if people have done repeat claims before

 

Thank you in advance

soph

[hagenuk]

You are perfectly entitled to claim as many times as you wish and the fact that they have paid you in the past has no bearing whatsoever on any future claims that you may make.

 

Furthermore, 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. However, the bank 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.

 

However, do be aware that they may close your account, they can do this and in some instances, they have.

 

Although, if they do you may report them to the OFT, look here http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=90&Itemid=56

[emmaf01]

They are just trying to fob you off- of course you can claim again.

I am preparing another claim on the same account for after this one is settled- unfortunately thay waited until I had already claimed to give me further statements showing more charges! So I will be claiming twice on the same account.