URGENT PLEASE: Full Settlement Confidentiality Clause

[molly54]

Hi - Could you please help? Barclays have today sent a full and final settlement letter for the full amount of my charges. However, they want me to "agree that the existence and the terms of this offer remain confidential between us". This will mean, I think, that if I pursue them in the future for any further unlawful charges, I cannot acknowledge in my evidence to the Court that this case existed and that Barclays settled in full?

 

Has anyone else had this clause inserted in their settlement letter and if so, how did they deal with it? I desparately need to get this money back in my account and this spanner in the works is delaying my responding to them. Thanks so much.

Anthony

[Michael Browne]

Either cross it out, initial it and make a copy or send your own acceptance letter:

 

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

Remember they are the defendant and are in no position to impose any conditions whatsoever

[cogley]

Hi Molly54,

 

I can't be 100% sure but from reading other threads I think that most people have accepted the offer but refused to accept the part about confidentiality.

 

Have you received a Court date? What did you do for them to offer to settle in full? My claim is due to go to Court on 12.07.07.

[molly54]

Hi

 

Thanks for your response.

 

We just followed the usual letter templates and submitted an application to the local County Court as recommended by this great site. Barclays then sent a letter offering full settlement before the Court date.

 

Good luck!

[rory32]

I would use the letter Michael has posted. A court would not consider such a clause in your acceptance as reasonable.

[molly54]

Thank you all for your very quick responses. We shall certainly take your advice.

 

Best wishes.

[dar£n]

Hi - Could you please help? Barclays have today sent a full and final settlement letter for the full amount of my charges. However, they want me to "agree that the existence and the terms of this offer remain confidential between us". This will mean, I think, that if I pursue them in the future for any further unlawful charges, I cannot acknowledge in my evidence to the Court that this case existed and that Barclays settled in full?

 

Has anyone else had this clause inserted in their settlement letter and if so, how did they deal with it? I desparately need to get this money back in my account and this spanner in the works is delaying my responding to them. Thanks so much.

Anthony

 

What you have to remember is,,This is YOUR claim so it must be settled on YOUR terms.

Barclays are in no position to say what you must or must not do.

If there is ANYTHING in the settlement letter that you do NOT agree with simply cross it out and initial.

 

I also added at the bottom of mine, that Court action with not be discontinued until in receipt of full cleared funds.

 

Also add that this is settlement in connection with THIS claim.

This way you can claim again if they put further charges on your account.

[oneofakind]

Yeah, make sure you have the settlement in CLEARED FUNDS before you sign anything!

 

Remember YOU are the claimant here, and Barclays are not in any position to make demands of you.

 

Well done.

 

[molly54]

Thank you all so much for your wonderful advice and help. How pleasing it is these days to know that people are willing to give their time to help one another and on such a huge scale. This really is so much appreciated. Because of all the great advice we are now in no doubt as to how to proceed. Thank you.