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Settlement Offset Against Debt: Urgent Advice Needed


smartellie
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hi

 

i have a court action against AMEX for just over £500 in charges, they have offered to settle for the full amount but will only offset it against the current debt i have with them which they passed to their debt collection agency last year RMA Resolve.

 

I am not keen to accept this as it is clear that they took the money illegally in the first place and they should not be allowed to profit from their own illegal activity. They are saying they will pay the court costs of £50 but the rest of the money will go into my account but they closed this last year within a week of my payment being late (talk about brutal) and they have accepted payments via the negotiated settlement which we set up via Payplan last year to pay the debt. Does anyone have any thoughts on this or has come across this before.I am quite happy to fight it out at court having just won £10.4 K against First Direct, it just peeves me to give them money they had no right to in the first place.

 

kind regards

 

Ellie

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  • 3 weeks later...

Hi SmartEllie

 

I've just got an offer of about 80% (full and final) from FD but they insist on off setting this against an unsecured debt I have with them after they withdrew banking services (after 10 years as a customer) . Can they do this? I dont think the two areas can be linked legally?

Its my view they cant, i am due to send them the LBA letter in about 1 week...should I push for payment to a non FD account and settle with them ( I would accept the amount) or just keep going towards the courts?

 

All advice welcomed.....keep up the good work

 

RMJ

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Hi SmartEllie

 

I've just got an offer of about 80% (full and final) from FD but they insist on off setting this against an unsecured debt I have with them after they withdrew banking services (after 10 years as a customer) . Can they do this? I dont think the two areas can be linked legally?

Its my view they cant, i am due to send them the LBA letter in about 1 week...should I push for payment to a non FD account and settle with them ( I would accept the amount) or just keep going towards the courts?

 

All advice welcomed.....keep up the good work

 

RMJ

 

 

i tried a different tack with AMEX, i argued that their charges were illegal under the legislation, and common law and that their argument in offsetting the amount they owed me against a debt on a closed account on which they had accepted a payment arrangement was tantamount to profiting from their own illegality. The fact that they were offering to pay me meant that they acknowleged their actions were illegal in the first place. I advised them that i was quite happy to go to court to argue this point and their threat of a costs action against me was an veiled threat as they knew that costs are rarely awarded in the small claims procedure. It was a kind of bring it on letter, the cheque for the full amount plus costs arrived within the week.

 

I am not saying this approach will work in your case, the amount claims agained amex was £500, i have recently won the full amount of £10,400 against first direct, i had an secured loan against my house with them which i was not in arrears with, they did not even mention offsetting although i was concerned it would come up and was prepared to use the same argument that i used against AMEX. So you have to pick the argument and roll the dice;

 

best of luck

 

ellie

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