Would Anyone Know The Answer Please

[Baxter]

Hi all
Last year I reclaimed £1500 in charges from the Halifax out of £2,030 I was charged, they repaid this after 1 letter requesting a refund and at first offered me £800 ( they phoned me up ) and I refused saying I would go to court, the guy then asked me how much I would be prepared to accept and as I was on the spot I said £1500 which he agreed, I got a letter to accept in full and final settlement which i returned and they paid me a few days later, ive now discovered that all the charges I paid were taken out of my working and family tax credit, and my little boys DLA, as this is the account that all our benefits are paid into and all our monthly DDs are paid, also ive since had another 2 charges of £39, my question is this, due to the recently publicised article regarding the banks and social security benifits, would the bank be obliged to repay the other £530, even though I signed in full and final settlement, could anyone please advise, they did state at the time that they were reserving the right to close my account if i reclaimed again but ive already opened another account..B

[Amy]

Re: Would Anyone Know The Answer Please

I think the full and final settlement part is not worth the paper it is written on, I would say yes, you are entitled to all your money back.

[Baxter]

Re: Would Anyone Know The Answer Please

Thanks Amy,
Looks like another letter in the post to them for the rest of my money..B

[muggins73]

Re: Would Anyone Know The Answer Please

I tend to disagree slightly, amy, sorry.
The game is up as far as that particular claim goes, but as amy has quite rightly put it you are entitled to all your money back so there is certainly nothing stopping you from claiming back the charges levied on your account since.

It might be worth reminding them that they paid up once before and that you are more than prepared to take them to court if necessary. I worked for me.

however, this is my opinion only and is not set in stone

[Amy]

Re: Would Anyone Know The Answer Please

I tend to disagree slightly, amy, sorry.
The game is up as far as that particular claim goes

Why is that?

[Paule]

Re: Would Anyone Know The Answer Please

I know Halifax will defend at court with the defense of 'It was a final setlement' as that is what their defence was with my wasted costs claim.

[muggins73]

Re: Would Anyone Know The Answer Please

Granted Baxters claim had not yet reached the court stage, and for all intents and purposes, it could be argued as such. However, the fact that an agreement had been reached 'in full and final settlement' would be deemed as such, IMHO by any DJ.
I agree for most part it is not worth the paper it is printed on, but in the eyes of the court it would not seem appropriate to change ones mind. All our actions, and that is true of the banks, have to be deemed as being fair and reasonable. The fact that Baxter stated the amount he/she wished to be paid and was will be deemed as being fair and reasonable.

Again, this is my opinion and is not written in stone!!!

[Amy]

Re: Would Anyone Know The Answer Please

For a case to be settled in 'full and final settlement' means that 'consideration' has to be shown.

This means that each party must give something of value in return for something else.

Halifax offered to return Baxter's charges, which was not the full amount, therefore consideration has not been shown. So it doesn't matter whether Baxter accepted or not.

[muggins73]

Re: Would Anyone Know The Answer Please

I am the last person to stick up for Halifax or any other banks for that matter, and do not intend to start now. However, if Baxter had asked for the full amount instead of the £1500, who's to know that they would've refused? Unlikely I know considering the way in which they've conducted themselves previously, but something I feel is worth mentioning.
In the hope of failing to give Halifaxs solicitors additional ammo, I think the best way forward in this instance would be to treat the two issues seperately, and start afresh.
It was not my intention to offend you in any way, or belittle your comments. You and I could argue about the virtues of it all until we are blue in the face, I'm sure, but it's something I'm just not prepared to do. After all we are all entitled to our opinions, which is why these forums are such good ideas.

At the end of the day it is Baxters choice of how to proceed.

[Amy]

Re: Would Anyone Know The Answer Please

I am the last person to stick up for Halifax or any other banks for that matter, and do not intend to start now. However, if Baxter had asked for the full amount instead of the £1500, who's to know that they would've refused?

This is completely irrelevant because it did not happen.

It was not my intention to offend you in any way, or belittle your comments.

You haven't at all.

All this aside, my comments still stand - consideration by both parties has not been shown, so there is no reason why Baxter should not go for the outstanding amount.

[Baxter]

Re: Would Anyone Know The Answer Please

Thanks very much for all your comments and advise, to be honest I was shocked when after writing only one letter to the halifax, I recieved a phone call from one of their guys to negotiate a settlement, Ive since read in others threads on another site that the Halifax were fighting them in court, then I began to think that they paid me because I have cash in a savings account (from when I remortgaged my family home to pay for repairs to the run down property I bought to run my business from), and there is still a few thousand pounds in the account for my new roof, they may think its savings, so maybe thats why they repaid without any fuss, anyway, would you think the best way forward is to write to them again, Quoting the social security act, claim I was unaware that they could not take my benefits for penalty charges and ask for them back, as well as the 2 x £39 they charged since, it may be worth a try..B

[muggins73]

Re: Would Anyone Know The Answer Please

This is completely irrelevant because it did not happen.

Precisely my point!!!!!

You haven't at all.

I'm sooo glad, I do not like upsetting folks.

All this aside, my comments still stand - consideration by both parties has not been shown, so there is no reason why Baxter should not go for the outstanding amount.

This is something we definitely agree on, but as a seperate issue...as charges levied on the account since the settlement.

[muggins73]

Re: Would Anyone Know The Answer Please

Thanks very much for all your comments and advise, to be honest I was shocked when after writing only one letter to the halifax, I recieved a phone call from one of their guys to negotiate a settlement, Ive since read in others threads on another site that the Halifax were fighting them in court, then I began to think that they paid me because I have cash in a savings account (from when I remortgaged my family home to pay for repairs to the run down property I bought to run my business from), and there is still a few thousand pounds in the account for my new roof, they may think its savings, so maybe thats why they repaid without any fuss, anyway, would you think the best way forward is to write to them again, Quoting the social security act, claim I was unaware that they could not take my benefits for penalty charges and ask for them back, as well as the 2 x £39 they charged since, it may be worth a try..B

Hi baxter,
Having a sum of money in a savings account may have swayed them, who knows.
As for the benefits stance, its worth a try, they can only say no cant they

[Baxter]

Re: Would Anyone Know The Answer Please

Yes of course, what have I got to loose, I think i'l give it a go, see how far I can push it, they'l no doubt tell me to bugger off and take my business elsewhere, but hey, im prepared for that, I'l let you know when I recieve the fall out from this one, ears plugged I think :roll:B

[Guest]

Re: Would Anyone Know The Answer Please

Shall we clear this up once and for all?

The mere fact of agreement alone does not make a contract. Both parties to the contract must provide consideration if they wish to enforce the contract. In this case this means that each side must promise to give or do something for the other, unless the agreement was made by deed, then consideration is not needed.

With an offer in full and final settlement our consideration consists of a promise not to sue for the remainder. However, Halifax have not provided any consideration because they are only giving back what in law belongs to us.

See Currie v Misa (1875) LR 10 Exch 153 and Dunlop v Selfridge Ltd [1915] AC 847 for definitions of contractual consideration.

In this case, should Halifax wish to enforce the settlement agreement and deny paying the remainder, they must show that they provided consideration and that consideration "moved from" them.