Been Stupid- anything i can do now??

[ktpnut]

Help!

 

Before i was the savvy user i have become after all the fab info and advice on this amazing website i made a bit of a boo boo. My total charges from Barclays came to £2295 but when they offered me £800 i signed the form and accepted it- not as part payment but as a FINAL offer This appeared on my statement as a "Goodwill Gesture" and not a refund or anything. So what i would like to know is can i do anything to get the rest back now?????

[Michael Browne]

What did the acceptance form actually say?

 

Have you got a copy?

 

Not that it really matters, you cannot sign away your leghal rights and you acn still reclaim the rest in the normal way. Be aware though that Barclay's are not going to take kindly to a second bite of the cherry and are liable to close the a/c. So a parachute a/c would be wise:

Do you need a parachute account?

[ktpnut]

hi,

it said that it was full and final settlement of this complaint, and that the money will be credited when the acceptance form was received- which it was. did have the letter but got a feeling i don't have it now. i already have a halifax account for a parachute because i thought they might try to close it last time, and also pay £14.50 for this blimmin Barclays account every month even though they've taken my Connect card and cheque book off me!!!!

 

thankyou for the advice- very much appreciated

[redkat74]

you shoud still be able to claim the rest in the normal way, i have just claimed sucessfully and dont worry they will try to bully you down but stick to it. About the 14.50 I wrote into barclays in november last year to have this removed as i was starting this claim and did not use the account, and every month i have had to phone up to get it refunded. I was told that you can just phone and tell them you want it removed. Do this but keep an eye out as they will not take it off but phone up and keep complaining i did and it will eventually workout. goodluck

[hagenuk]

I concur with the above. 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. The bank however, 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.

 

So any agreement regarding the amount accepted by you for the is meaningless and you may pursue the remainder of the charges, unless - and this is highly unlikely - the agreement was made by deed.