I've been made a partial offer - what next?

[kapowaz]

Hi there,

 

I'm following through the step-by-step instructions here with regards to claiming back my last 6 years' of charges from my bank, Barclays. I wrote to them initially to make a subject access request, and although they wouldn't give me the information in the format I requested, they did send me 6 years of printed statements, which I was able to use to make a spreadsheet of the charges against me.

 

I have since then written to them with this schedule of charges demanding the total amount back (£1,540) using the letter template provided. They initially responded within a few days with their standard "Sorry you're unhappy, we'll get back to you within 4 weeks" letter, but today (9 days after I sent my demand) I have received a letter offering £650 "in full and final settlement of your complaint".

 

Where I'm confused is what to do next. The step-by-step instructions say "We would advise you to accept this - but only on the condition that it is a partial settlement and that you will continue with your claim to recover full funds." - but how exactly would I ensure that I do this? Surely signing and returning the acknowledgement they have provided me with would nullify my claim to the rest of the amount? I certainly don't intend to settle for less than half of what is owed to me.

 

So what I'm wondering is what the next step is for me to take. Do I write another letter saying that I accept their partial refund, without signing the agreement they sent me? Or do I sign it but also send a letter explaining that I don't accept this as 'final'? Or should I simply proceed to the Letter Before Action?

 

Advice, suggestions etcetera would be appreciated!

[lucid]

Hi,

 

jonni2bad has a good template letter to get you started. You should find it here. We have just sent a letter to SC&M rejecting their settlement offer - but we weren't accepting what they had offered as partial payment. We told them that we would not settle for less than the full amount and we also oultined all of the our own conditions on this settlement. If you want to check out the letter (which was written by Mindzai) then you can find it here.

 

I personally don't think that you should sign and return anything at the moment, but we have used a slightly different approach to the step-by-step guide so I could be wrong.

 

Lucid

[Glenn UK]

You should not accept their offer by signing their letter unless you want to be bound by it.

 

Write back with your own letter.

 

Secondly you have a duty to mitigate your losses, when you write back ask them if they agree that the payment is a partial payment on account whilst you reclaim the balance.

 

THey wont agree and therefore they have effectivley withdrawn the offer.

 

YOu cannot however, then go and cahs any cheque should they send one.

 

This leaves you clear to continue to court for the full amount.

 

JMHO

 

GLenn

[PhantomReclaimer]

Personally, I would refuse the partial offer and pursue the full amount.

 

However, and to disagree with Glenn, agreeing to the partial settlement does not preclude you from sueing for the balance. Acceptance of a lower amount in full settlement of a debt cannot erase the balance of the debt. This is a very old principle of English law dating back to Pinnels case in the early 1600's.

 

If they offer you a lesser amount of money and something else then the debt will be deemed satisfied though. That other thing could be literally anything of value, not necessarily of equal value to the balance (in Chappel and Nestle 1960, chocolate wrappers were deemed to be of economic value to Nestle, even though they were essentially worthless to anyone else). If they only offer you an amount of money though then the balance will still be owing.

 

This rule is basically to prevent a creditor who, say, desperately needs the money from being held over a barrel by someone who can well afford to pay but who is taking advantage of the creditors situation.

[Glenn UK]

Personally, I would refuse the partial offer and pursue the full amount.

 

However, and to disagree with Glenn, agreeing to the partial settlement does not preclude you from suing for the balance. Acceptance of a lower amount in full settlement of a debt cannot erase the balance of the debt. This is a very old principle of English law dating back to Pinnels case in the early 1600's.

 

If they offer you a lesser amount of money and something else then the debt will be deemed satisfied though. That other thing could be literally anything of value, not necessarily of equal value to the balance (in Chappel and Nestle 1960, chocolate wrappers were deemed to be of economic value to Nestle, even though they were essentially worthless to anyone else). If they only offer you an amount of money though then the balance will still be owing.

 

This rule is basically to prevent a creditor who, say, desperately needs the money from being held over a barrel by someone who can well afford to pay but who is taking advantage of the creditors situation.

 

PR

 

we've been here before and for a long while i was in agreement with the issue of a lesser amount cannot settle full and final, you and Zootscoot and others clarified that.

 

however, i have seen somewhere a case where exactly that was deemed settled and this was supported by someone on here who i hold in equally high standing. Ill try to remember where it was and the details.

 

If i find my understanding is incorrect ill come back and post that, or obviously the reverse if i find that true.

 

Glenn