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jkop

Amusing letter from Barclays this morning!! How stupid!

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Got a lovely letter from Barclays this morning! I've settled my claim for around £4500 a month or so ago and since then I've started persuing £30 that fell outside the settlement period.

 

I get a letter this morning offering me £2850 in full and final settlement of my claim!!!! :lol:

 

Seeing as they have paid my main claim, you think they are offering me this in settlement of my £30 claim!!??!

 

Shall I sign and send back :D :D ?????


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Yep why not.

Then when you receive the cheque, bank it in a nice savings account.

Tell them of their mistake and wait while they sort their mess out.

Of course while this is happening you'll be earning some nice interest on it ;)


Be VERY careful whose advice you listen too

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As tempting as it might be to accept this sum and bank it, it would be recoverable in full by Barclays along with any interest that you earned on it. You know it's not yours and that you are not entitled to it so my recommendation would be to inform them that they have made a mistake and that your claim is for £30 only.

 

Remember that Barclays are a bank, a company that have made money their business, they will miss it and they will come after you for it.

 

Notwithstanding the above, you may also be guilty of committing the criminal offence of "Dishonestly retaining a wrongful credit" or "Obtaining a money transfer by deception" under the Theft (Amendment) Act 1996.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I totally agree - I was only joking :) I'll be crossing it out and saying I accept £30 in settlement

 

Though - technically I wouldn't be doing anything wrong, the payment isn't a refund it's simple a "gesture of goodwill" to settle my complaint. It would certainly settle it for me :D


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Technically maybe not, but then it would become a payment made under a mistake of fact and the bank would, once again, be entitled to recover the sum in full plus interest.

 

There is caselaw going back over 160 years, one of the earliest is Kelly v. Solari (1841) 152 E.R. 24 at 26 where Baron Parke stated,

 

"I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that it was untrue, an action will lie to recover it back, and it is against conscience to retain it."

 

The law on the recovery of money paid by a banker under a mistake of fact was reviewed by Robert Goff J in the case of Barclays Bank Ltd v. WJ Simms & Cooke (Southern) Ltd & Anor [1980] 1 QB 677.

 

Goff J after a detailed analysis of the law deduced (among others) the following principle that:

 

(1) If a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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As Hagenuk states, the banks business is money, all aspects of it,

They WILL get it back, at what ever cost.

 

So you have no choice,

 

Send a letter in writing, DO NOT HAND IT IN AT A BRANCH... stating the error, and go from there. They might agree, as a goodwill gesture and as a thank you for being honest, increase the repayment of the £30. At the end of the day, you set out to recover £30, dont get greedy, do the right thing

 

Tempting to keep it I know but then YOU are doing exactly what you took THEM to court for,


.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I totally agree - I've no intention of doing anything other than claiming my £30, just thought it was an interesting point. :)

 

Thanks all.


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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