bank fraud and deception

pingchris

i have recently been offered £1500 by the halifax,they said on the phone that this offer does not conflict with my total claim for £6.000 for charges,and i would still be able to claim the balance later after the court case,they told me that they would pay my debtors the £1500 directly.
i have just recieved a letter and they are asking me to sign a form,the form says that if i sign it is for a full and final settlement of my claim at £1500,they are trying to get me to sign the form and short change me of my £6.000 ,nasty tricks are now being played,surely this is attempted fraud.:mad:

pingchris

BEWARE the halifax will try to offer you a small amount as a good will gesture over the phone,then send you a letter and ask you to sign it,i believe this is a legal document as full settlement of your claim.so if they offer you £70.00 as good will gesture but actually owe you £5000 do not sign the letter they send.

natweststaffmember

pingchris wrote: »

BEWARE the halifax will try to offer you a small amount as a good will gesture over the phone,then send you a letter and ask you to sign it,i believe this is a legal document as full settlement of your claim.so if they offer you £70.00 as good will gesture but actually owe you £5000 do not sign the letter they send.

Pingchris, it isn't a full and final settlement of the claim but it would be for the financial hardship part of the claim. Furthermore, if it was an attempt at a full and final settlement it is a breach of the FSA Waiver on bank charges(on my signature and point 13.16, if memory serves me right).

pingchris

i must disagree,this is the wording................i/we confirm that i/we accept a total amount of £1478.26 in settlement of my/our unaranged overdraft bank charges complaint

natweststaffmember

pingchris wrote: »

i have recently been offered £1500 by the halifax,they said on the phone that this offer does not conflict with my total claim for £6.000 for charges,and i would still be able to claim the balance later after the court case,they told me that they would pay my debtors the £1500 directly.
i have just recieved a letter and they are asking me to sign a form,the form says that if i sign it is for a full and final settlement of my claim at £1500,they are trying to get me to sign the form and short change me of my £6.000 ,nasty tricks are now being played,surely this is attempted fraud.:mad:

Further to my post

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c) the firm must explain the implications of its approach and commitment;

Can you clarify the wording and perhaps if you are interpreting it as a Full and Final offer of the claim can you contact these people
[email]centralwaiversteam@fsa,gov.uk[/email]

Write to them and complain that Halifax are in breach of the FSA Waiver on bank charges attempting to make a full and final settlement in breach of 13.16 of the FSA Waiver. Scan the letter onto the email as well as evidence. If they come back to you and state they can;t then explain that the letter is misleading unless it makes reference to the conclusion of the FSA Test case issues with regards to the offer which it should do as other banks do seem to state.

pingchris

they make no reference stating i can continue with my claim for the rest of my bank charges,only say they will look at my case again when the test case is over,which means absolutely nothing and has no lawfull relevance or legal standing

natweststaffmember

pingchris wrote: »

they make no reference stating i can continue with my claim for the rest of my bank charges,only say they will look at my case again when the test case is over,which means absolutely nothing and has no lawfull relevance or legal standing

I think you need to complain on the basis that it is misleading and is not clear to you.

They can't offer a full and final settlement but the wording is not exactly clear.
The wording is correct with regards to anything outstanding which if you don't like you can reject the offer but they won't make an offer for 100% of the charges. It is a very rare occurrence under financial hardship reclaiming. This is your claim so it's your decision how you proceed.

pingchris

this letter is clearly an attempt to finalise my complaint,no reference is made saying i can claim back the balance after the test case,i refer to the wording i gave asking me to sign.

Alpine_Star

It doesn't matter what the letter says about F&F settlement as under the waiver condition natweststaffmember posted it is not legally binding.

pingchris

im sorry but it does matter what my letter says,the fsa and fos have been no help at all,and the halifax are refusing or cannot reword there offer of an intrim payment,its sign, or get nothing untill the test case is over,there trying to pull a fast one,and im not buying it

this is the wording exactly................i/we confirm that i/we accept a total amount of £1478.26 in settlement of my/our unaranged overdraft bank charges complaint.

Alpine_Star

I assume that the offer of £1500 is in response to your claiming financial hardship (subsequent to your original claim for £6000) which is treated as 2nd separate complaint. The F&F settlement condition will only relate to the 2nd (hardship) complaint and not to the balance of your original complaint.

If you're in any doubt write (don't phone) to the bank for clarification. But I stress again that it doesn't ultimately matter as your right to the balance of your claim if the test case is in our favour is protected by the waiver condition that the banks are legally are obliged to adhere to.