goodwill payment offer, applied to account balance?

[andychurchill]

I've been writing letters to M&S on behalf of someone, and after the initial fob story, we sent an LBA, which has been partially successful, in that they've now offered a goodwill payment for the charges (but not the interest), but the person I'm representing is happy with the offer, on the basis that it is money they didn't think they would see again.

 

It's a standard template letter, as expected, however, the terms state that the refund will "be applied to your account if a balance remains outstanding."

 

What I've realised here is that I should have made it clear about how I wanted the refund to be made, but I missed an opportunity in the 1st and 2nd letters.

 

But, as there is no outstanding balance, where would it go?

 

Secondly, there is a pre-printed letter that the person is expected to sign agreeing to the goodwill payment.

 

Now, should I ignore their pre-printed letter, and write my own reply (using the pre-paid envelope they sent) and say that I accept the goodwill payment, but that I expect the refund to be made by cheque, given there is no outstanding balance? Then give them a further 14 days notice to agree to this, before proceeding with court action?

[BankFodder]

You should strenuously urge your friend not to accept this payment. It is a complete con trick.

 

Marks & Spencer's charges are exactly the same as bank charges in respect of which the Supreme Court will be handing down a judgement this next week.

 

The thing to do is to write to Marks & Spencer's, point out to them that the charges are contrary to the Unfair Terms in Consumer Contracts Regulations and that they are unlawful and that not only do you want them back but you want the interest and that if you're forced to litigate you may also asked for restitutionary damages.

 

Also you should point out to M&S that the money they have taken is yours and that you will not accept that they dictate terms to you as to where the money will be paid.

 

Say to Marks & Spencer is that the best thing that you can often is to accept their offer in part payment of your claim.

 

Send this letter off to them. On Thursday you will see that the Supreme Court confirms that bank charges come under the Unfair Terms in Consumer Contracts Regulations. you can then show this to your friend who hopefully will be convinced that there is more money available and it is just the question of waiting. When a judgement is handed down send a final LBA to M&S and point out to them that now the matter is beyond doubt and that there is absolutely no doubt but that you will sue within seven days unless they repay the money exactly as demanded.

 

If they do not comply then you can feel confident about issuing proceedings and win and insisting the money is paid according to your wishes

[andychurchill]

We're not really talking much difference when you add the interest on top of this balance - it's not really worth the hassle. We've got bigger fish to fry - this was a test case to prove to the person that it was possible. Now the person has seen them back down, they're happy to proceed against other, larger debts, so it's served it's purpose.

 

Thanks for the advice though.