Part payment sent to bank account

[pastamik]

My son was offered half the amount of bank charges he was claiming and said he would accept this as part payment with a view to claiming the full amount. The usual, reply within two weeks was sent, but before the bank could have received it they had placed the cash in his bank account. With the test case now going on and all investigations stopped he is making his court claim, but does he calculate the 8%, on the remaining figure, or should he return the money and use the origional figures? The risk here is that he could lose the £677 he already has.

Any ideas?

[PeterAnderson]

I would keep the 1/2 - just make sure you do not sign anything that says "Full & final settlement" - continue with your claim but when submitting your N1 deduct what has been paid and add your S.69 interest to the rest

[nicsussex]

That is actually all that you can do - as S69 interest is only available on the amount of the claim which will now be the initial amount less the £677 he has already received - which bank by the way?

[pastamik]

Hi there,

The halifax (who are not negotiating on claims at the moment- supposedly) have asked my son to return the part payment they paid into his account. Granted, he did send the letter saying he'd accept this only as part payment and if we did not hear from them in the given time offering the full amount we would return the payment and take them to court. In light of the court case he does not want to return it, obviously, cos he might not get it back. Is he within his rights to do this?

I feel he is but would welcome any input.

[kennythecelt]

Yes he is don't worry.

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/109306-have-you-received-letter.html

 

and start a new new thread for yourself/ son within the HBOS forum. Don't worry but don't return anything just yet. The issue is still being explored.

 

Remember, we are with you!!

[kog]

Has anyone seen the below paragraph from

www.twoyou.co.uk/upload/direction_disp.pdf

 

 

(14) if the firm attempts to resolve a relevant charges complaint after the date of this direction (other than those described in condition 12(4)):

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

 

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

 

© the firm must explain the implications of its approach and commitment;

 

 

[pastamik]

We have tried to reclaim our sons bank charges as we feel that the banks lead him into much debt in the first place, resulting in a DMP which includes paying off a court order. They say they acknowledge the financially difficult situation but as regards the "Unarranged Overdraft Bank Fees" they will not uphold this aspect of the complaint but have sent a complaint reference form and number and a Common Financial Statement that we have to return with it. Our claim obviously was for unfair bank charges. Are they trying to baffle us by changing the wording or could it possibly imply that he may get something back and what do we do now.

Would be grateful for any advice here.:?

[Guest Old_andrew2018]

BUMP