Hypothetically speaking of course...

no_angel_xx

Hello!

I have a purely hypothetical question for all the like-minded fee claiming ninja's out there... Oh, and of course the lovely Martin too :money: !
It's hypothetical cos I wouldn't want to break any terms and conditions set out in any letters I might receive regarding payouts...from the likes of Capital One, Mint, Barclaycard & HSBC... to name (the one's I'm dealing with) but a few...

"IF" I were to go ahead and claim back unfair charges from a credit card such as,... oooh, I don't know... Barclaycard for example (hypothetically speaking of course ) and in doing so, got as far as having to print out the reams of info given in the "court bundles" thread on the CAG site... 3 times! (due to said hypothetical card issuer submitting a defense...) and just for good measure, after also (hypothetically ) sending a nudge letter suggesting they settle rather than waste precious court time. At the very last possible minute, the card issuer in question send a letter to me stating something not dissimilar to the following...

" As you will have seen (if they'd sent one) from our (oops, I mean their) defence, we (they) disagree with your (sorry, my) legal analysis that the charges levied to your (my!) account amount to penalty clauses and are unfair, we (they) do however recognise that it is not cost effective for either party to take this case all the way to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we (they) are prepared to settle your (my) claim upon payment of the charges applied to my account, together with statutory interest and any court costs, subject to terms set out in this (I mean "the hypothetical") letter"

"This offer (if there was one... hypothetically) is in full and final settlement of the whole of your (my) claim and is strictly without any admission of liability on our (their) part. By accepting this offer, (if there should be one...) you (I) also agree that the existence and the terms of this offer (perhaps... maybe...) remain confidential :silenced: between us" (me & them)

"If you (I) agree to the terms of this (hypothetical) letter, please return a signed copy to me (umm...whoever would have written such a hypothetical letter) within the next 7 days. You (I) will also need to notify the County Court, in writing, that you (I) have discontinued your (my) claim against us (them) Payment will be to your (my) Barclays account" (hypothetically speaking of course )

"should you (I) decide to reject the Bank's offer, we (they) reserve the right to disclose this (that) letter to the court on the subject of costs"

...so anyway, my hypothetical question is... If all that lot WERE to happen, y'know, hypothetically.... would it mean that I couldn't then be allowed to come and tell you all about it on this site?... cos it would be such a shame not to let you all know that they'd payed up at the very last minute, and that all my hard work had not been in vain, although at times it was quite scary... ummm....I mean, it would have been, had I actually done it!...

...and for the record... If I did do it... successfully... I would most definately owe it all to this website and the CAG site, and therefore would (will) be making a donation to each site out of my refunds if (when) it appears, for their invaluable help and expertise. :T



...anyway, I've waffled enough... I'm off to do something more constructive... like take on HSBC and their stalling defence... :rotfl:

no_angel_xx

Beate

I would wait till the money is safely in your account and then I would come here and tell us all!

Hypothetically speaking of course!

That's what everyone else, including myself, has done, I mean, hypothetically speaking, would do!

LOL

OH, and congrats on winning your (hypothetical) claim.

no_angel_xx

Thanks Beate... That's a good plan... hypothetically... cos otherwise I can't make a donation to the site... unless it were a hypothetical one.... ummm... I'm gonna shut up now..

nickmack

no_angel_xx wrote: »

...so anyway, my hypothetical question is... If all that lot WERE to happen, y'know, hypothetically.... would it mean that I couldn't then be allowed to come and tell you all about it on this site

It's pretty much customary to delete any confidentiality clauses the bank tries to gag you with.