Without Prejudice

[jimhl81]

Yes! You cannot disclose any offer of settlement (Part 36 offer) & it will expire after 21 days unless otherwise stated or agreed

 

 

I have had a cheque from the Clydesdale for half of my claim and am currently in correspondence with them about it.

Does the Part 36 offer that you mention above also refer to Scotland and does it mean that they can withdraw the cheque after 21 days.

[JonCris]

I have had a cheque from the Clydesdale for half of my claim and am currently in correspondence with them about it.

Does the Part 36 offer that you mention above also refer to Scotland and does it mean that they can withdraw the cheque after 21 days.

 

Sorry dunno. There is a section on here which deals with Scottish Law.

 

THE MODS NEED TO WARN OTHERS I THINK

 

I seem to recall a recent case where a part payment was deemed to be a full & final settlement even though the claimant told the other side he was only accepting it as part payment. Payment into a bank account amounted to full & final acceptance.

 

It has just occured to me that they know this & are lulling you into a false sense of security.

[meagain]

I think the argument in your particular case is one in which the defendants right hand doesn't know what the left hand is doing. I suggest you should write to them & tell them that you have been charged AGAIN & unless that is refunded & these charges be stopped you will consider their offer to be null & void. Failing that you will seek the courts permission to disclose their disingenious offer amend your claim accordingly.

 

At the time I'd already signed and returned the offer - I didn't find out about the charge until a week after doing so (I'd moved, and only received the statement when I went to my old address to collect it).

[JonCris]

At the time I'd already signed and returned the offer - I didn't find out about the charge until a week after doing so (I'd moved, and only received the statement when I went to my old address to collect it).

 

Fine as long as you didn't sign to the affect that the payment was in full & final settlement of all present & future claims then you have new a claim

[meagain]

I think that may have been the case. I don't think it mentioned anything about all present and future, but it certainly mentioned that it was in "full settlement of this matter". Can I proceed, producing the offer letter in conjunction with an account statement to demonstrate that the offer was clearly not made in good faith? Would it be reasonable to argue that I was drawn into the offer under false pretenses? It might be worth noting that along with the signed offer reply, I included a covering letter which mentioned something about responsibility (see my thread), so can it be argued that continued lawful maintenance of the account was therefore an implied term of the settlement?

 

I know that technically the inclusion of such an additional statement could effectively mean it was not the same offer, though I can probably point at the payment having been made as manifestation of assent.

[JonCris]

hi meagain

 

I see no problem with any of your suggestions. Also you cant give an undertaking to something you are unaware has taken place. That could only be the case if your were being paid damages other than having YOUR money returned to you

 

Have you contacted them telling them that they have added yet another unlawful charge & if they don't also agree to refund these additional monies you shall consider any & all previous agreements null & void

[meagain]

Have you contacted them telling them that they have added yet another unlawful charge & if they don't also agree to refund these additional monies you shall consider any & all previous agreements null & void

 

The only thing I've asked for above the money taken (charges + o/d interest) is contractual interest in reciprocation. I did call up and complain about the charge yet again after I discovered it (started off with "Hi, I can't seem to reconcile the £20 increase in my balance with any transaction receipts ..." - silly callcentre-wallah refused to escalate the call too ...), and pointed out that this might change things as regards the settlement (at this point, inbeknownst to me the refund had been authorised, and the letter and funds were due to go out the following morning), though have been waiting to confirm that I am actually allowed to ditch the settlement and bring it all up in court before moving (in my experience, bluffing alone tends not to work against the banks). The letter is pretty much drafted ("You will note an implied term of the settlement was ... This was clearly not in good faith ..." etc.), I just needed to know whether or not I could overturn the settlement and then present it in court as part of my case (as opposed to purely for costs) before actually sending it off.

 

I get the feeling that I'll have to telephone the bank and dictate the letter too, given that it has taken 10-14 days for them to respond to previous letters, and I'm dead set on plonking a limit of 7 on this (after all, they've now had 2 months since the initial request to get their act together).

[JonCris]

meagain it would appear to me that you could consider their offer as null & void on the basis of their bad faith actions (although they'll claim it was a clerical error) it seem to me that you should demand in writing that they increase their offer to include this unlawful payment failing which as you are not prepared to seek to set aside the current accepted offer on the grounds of bad fail you will nevertheless commence another claim against them

[meagain]

meagain it would appear to me that you could consider their offer as null & void on the basis of their bad faith actions (although they'll claim it was a clerical error)

 

OK, sounds good.

 

it seem to me that you should demand in writing that they increase their offer to include this unlawful payment failing which as you are not prepared to seek to set aside the current accepted offer on the grounds of bad fail you will nevertheless commence another claim against them

 

This part in English please? (preferably with fewer contemporaneous negatives)

 

"not prepared to seek to set aside the current accepted offer ..."

 

I'm becoming conscious that this almost seems like a hijack now, so if anyone complains, feel free to answer in my HSBC thread (sig). Thanks, BTW.

[JonCris]

OK, sounds good.

 

 

 

This part in English please? (preferably with fewer contemporaneous negatives)

 

"not prepared to seek to set aside the current accepted offer ..."

 

I'm becoming conscious that this almost seems like a hijack now, so if anyone complains, feel free to answer in my HSBC thread (sig). Thanks, BTW.

 

Your going to take the money already offered & nor are you going to delay matters by ammending your claim at this stage, but if they don't pay you these additional recent charges which you have discovered. You will start a another claim against them. It's to cover you in case they try & claim you have agreed a "full & final settlement".

[meagain]

Your going to take the money already offered & nor are you going to delay matters by ammending your claim at this stage, but if they don't pay you these additional recent charges which you have discovered. You will start a another claim against them. It's to cover you in case they try & claim you have agreed a "full & final settlement".

 

Right. So, I retain all rights to the interest that would have been levied on the original claim?

[JonCris]

Right. So, I retain all rights to the interest that would have been levied on the original claim?

 

Your losing me.

 

I'm referring to the additional charges & I assume % you state where levied after you signed accepting their original offer.

 

Your telling them to add these additional charges to their settlement or else!

[Cpt Black]

Your going to take the money already offered & nor are you going to delay matters by ammending your claim at this stage, but if they don't pay you these additional recent charges which you have discovered. You will start a another claim against them. It's to cover you in case they try & claim you have agreed a "full & final settlement".

 

All or nothing - take it or leave it??

 

I think!

[JonCris]

All or nothing - take it or leave it??

 

I think!

 

No.........."I'm taking whats already been offered & agreed but then I'm coming after you for the rest which I have since discovered.........unless you add it to our existing agree sum

 

O2

Don't have anything to do with their call centre or Customer Care it's manned by muppets who wouldn't understand the CCA if it was inscribed on their foreheads. Having had dealings with them I'm surprised they can find their way to work in the mornings

 

Write to them pointing out again they have taken your money twice demand it back & include a SAR. That way your letter should go to someone further up the food chain. SAR's appear to work as that's what I did & got a result.

[meagain]

Your losing me.

 

My what now?

 

Originally, the claim was for £370, plus overdraft interest, plus contractual interest ~= £550. I took the £351 offered (which has since been paid), as a gesture of good faith and purely because my circumstances at the time demanded it.

 

I find they slapped on £20 immediately after making the offer, and discovered it only after the £351 had been paid to me, so the total is now £390, plus o/d plus contractual ~= £600.

 

The difference that remains unpaid is:

 

* charges only = £39

* plus o/d interest = £~100 total

* plus contractual on everything ever owed = £~250 total

 

I still don't understand what it is you're asking me to do, and which bits of the above you're referring to. "Amending my claim" (I haven't filed one - the N1s are still blank), "increasing their settlement", etc. Since it seems we're not quite on the same page, any chance you could point out where I'm going with this in English, in unambiguous terms?

[JonCris]

1st they will probably offer you payment of that charge & will claim it was a clerical error on their part & should not have happened.

 

You on the other hand can argue that your original agreed settlement is now void because of their bad faith act. That you now consider their payment to be a payment on account & that you intend to pursue a further claim of £****

 

Whatever you do you must 1st give them an opportunity to put matters right

[meagain]

1st they will probably offer you payment of that charge & will claim it was a clerical error on their part & should not have happened.

 

You on the other hand can argue that your original agreed settlement is now void because of their bad faith act. That you now consider their payment to be a payment on account & that you intend to pursue a further claim of £****

 

Whatever you do you must 1st give them an opportunity to put matters right

 

So, in summary:

 

* Tell them "Oi, you charged me another £20 right after the offer!"

* If I'm not happy with what they come up with, I scupper the settlement and ask for the difference.

 

Have I understood correctly this time?