Accepted offer but Bank not pay because of court case

nuttymoo

I made claim against Barclays, using Martin's letters etc., and after negotiations Bank made me offer in letter which I accepted and sent off. Just before cheque released to me matter frozen as court case loomed, just recently received letter from Bank basically saying not their fault, not going to pay out now. I thought this end of my case, but on reading new blog from Martin not sure now if this is end. I can't really claim hardship but would be grateful if anybody could guide me or let me know if they have been in similar situation and since been successful. Many thanks

esmerellda

Original Waiver - http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

(4) in relation to complainants who have already received a redress offer (including an offer for goodwill payment) at the date of this direction but not yet accepted or rejected the offer, the firm must (unless the court or the Ombudsman directs otherwise in a case it is considering at the date of this direction):
(a) inform the complainant about the test case, this direction and their effects;
(b) take reasonable steps to ensure that the implications of accepting or rejecting that offer are communicated to the complainant before he commits himself to accepting or rejecting that offer;
(c) give the complainant two months within which to consider whether to accept or reject that offer with a clear explanation of the risks of each option; and
(d) honour that offer if it is accepted by the complainant;

orc_2

What sort of timescales are we talking about, when was the offer please- you talk about the test case looming- was it a while ago?

Follow the above advice first as this is perhaps the best route/ option to take, at this time. You don't want the hassle of proving hardship, or moving to possible court action if you can resolve this way.

Did you accept in writing, within their offer deadline? Do you have a copy of that letter

You need to do this in writing, all dealings must be in writing with banks. Did you keep a copy of their offer letter- refer to it, keep original safe and send a copy.

davidgmmafan

The offer must've been a while ago, will watch this with interest, because I think there were a good few such offers flying around before the test case was announced. A lot at the very last minute if memory serves.

nuttymoo

orc wrote: »

What sort of timescales are we talking about, when was the offer please- you talk about the test case looming- was it a while ago?

Follow the above advice first as this is perhaps the best route/ option to take, at this time. You don't want the hassle of proving hardship, or moving to possible court action if you can resolve this way.

Did you accept in writing, within their offer deadline? Do you have a copy of that letter

You need to do this in writing, all dealings must be in writing with banks. Did you keep a copy of their offer letter- refer to it, keep original safe and send a copy.

Hello Orc, thanks for getting back to me, I am going to try what Esmerellda suggests, we are talking a while ago, I was made an offer originally 9 July 2007, and refused it on 18 July 2007, then still within 8 week "cool off" period decided to accept, completed acceptance form and returned with letter to Bank on 12th August 2007, Bank wrote to me on 17th September 2007 saying I had originally refused offer so therefore not going to pay out due to test case in Court. I wrote on 25th September saying a little confused as I had only spoken with the office and told my acceptance form had been received was being processed and I should receive a cheque within next 21 days. I never heard anything more from them and never received cheque. I have copies of all correspondence with bank including acceptance form, only thing I don't have is name of woman I spoke with at Barclays who told me matter being processed and cheque would be sent to me

nuttymoo

esmerellda wrote: »

Original Waiver - http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

(4) in relation to complainants who have already received a redress offer (including an offer for goodwill payment) at the date of this direction but not yet accepted or rejected the offer, the firm must (unless the court or the Ombudsman directs otherwise in a case it is considering at the date of this direction):
(a) inform the complainant about the test case, this direction and their effects;
(b) take reasonable steps to ensure that the implications of accepting or rejecting that offer are communicated to the complainant before he commits himself to accepting or rejecting that offer;
(c) give the complainant two months within which to consider whether to accept or reject that offer with a clear explanation of the risks of each option; and
(d) honour that offer if it is accepted by the complainant;

Dear Esmerellda, many thanks indeed, I will certainly give it a go and write to them, the Bank actually received my acceptance of the offer, I even had a telephone conversation with a member at Barclays who said my acceptance had been received, was being processed and I should receive cheque within 21 days, never received cheque and when tried to chase it up received no response.

esmerellda

I was made an offer originally 9 July 2007, and refused it on 18 July 2007, then still within 8 week "cool off" period decided to accept, completed acceptance form and returned with letter to Bank on 12th August 2007, Bank wrote to me on 17th September 2007 saying I had originally refused offer so therefore not going to pay out due to test case in Court.


thats the important date then, boat missed I'm afraid, they have no requirement to honour the offer, you refused it, then everything was put on hold, the waiver came in, and then you decided to change your mind and accept. Sorry.

orc_2

That does not stop you from starting the process agin however.

Presumably you have list of all charges.

You say you can't claim hardship so that route is not open.

Please read the reclaim process which has changed since you last did this, considerably so.

Once you've done that feel free to ask for guidance/ assistance and good luck.