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Agreed settlement before OFT Case, STILL NO MONEY! and NEW CONDITIONS APPEARING!!

In short, on 25th July Barclays and I agreed a settlement figure as full and final settlement. I accepted.

I still dont have any money that Barclays and I agreed - without any conditions attached - and they are now saying that they need to check there is no debt to clear before they pay me...

When my account closed it was pretty well over the OD limit, we agreed a 'settlemet figure' to repay the debt. Barclays wrote confirming the account was paid off, the debt gone and everything was fine.

Basically, just like Halifax they offered me SOME money - about 50% of what i asked for - and before sending me the cheque, will take off the remainder of the 'debt' / 'settlement'.

i.e. I owed them £1000, got 80% settlement so paid off £800. Requested bank charges of £2,100. Offer was £949... and after taking the £200 ill get a cheque for £749...

Please let me know if anyone has expereince of/ knows if THEY CAN DO THIS??? and Can Barclays take the extra back AFTER we agreed a settlement that did not contain any reference to the 'unpaid debt' ..????

Comments

  • Stokey125
    Stokey125 Posts: 671 Forumite
    In short, on 25th July Barclays and I agreed a settlement figure as full and final settlement. I accepted.

    I still dont have any money that Barclays and I agreed - without any conditions attached - and they are now saying that they need to check there is no debt to clear before they pay me...

    When my account closed it was pretty well over the OD limit, we agreed a 'settlemet figure' to repay the debt. Barclays wrote confirming the account was paid off, the debt gone and everything was fine.

    Basically, just like Halifax they offered me SOME money - about 50% of what i asked for - and before sending me the cheque, will take off the remainder of the 'debt' / 'settlement'.

    i.e. I owed them £1000, got 80% settlement so paid off £800. Requested bank charges of £2,100. Offer was £949... and after taking the £200 ill get a cheque for £749...

    Please let me know if anyone has expereince of/ knows if THEY CAN DO THIS??? and Can Barclays take the extra back AFTER we agreed a settlement that did not contain any reference to the 'unpaid debt' ..????


    I would suggest writing to them reminding them about the settlement reached and tell them that unless you recieve the agred settlement figure within 7 daysyou wikll sue them for the recovery of this sum.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • :cool: I am glad you said that - that is the avenue i thought of going down anyway and a second oppinion is a comfort to me! I dont think once I accept an offer - and therefore making a 'contract' in loose terms - that they can change things...! Thank you!
  • I'm in the same boat - accepted a settlement figure back in July (pre-OFT) but still no payment. I have written 3 or 4 times, threatening to take the case back to Court, but still nothing.

    As I'm overdrawn, Lloyds TSB are continuing to charge me monthly interest - what started off as circa £600 is now nearing £800.

    Any suggestions on what I can do now!!!
  • Moni wrote: »
    I'm in the same boat - accepted a settlement figure back in July (pre-OFT) but still no payment. I have written 3 or 4 times, threatening to take the case back to Court, but still nothing.

    As I'm overdrawn, Lloyds TSB are continuing to charge me monthly interest - what started off as circa £600 is now nearing £800.

    Any suggestions on what I can do now!!!

    As with the post above give them 7 days then if they have not paid commence proceedings. When writing your particulars of claim make it clear that you are claiming for monies due on an agreement which was reached to settle a dispute.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • Thanks Stokey125 - I'll write one more time but definitely give them a deadline of seven days.

    Do you think I can also include on my claim the charges I've incurred since agreement was reached?
  • Moni wrote: »
    Thanks Stokey125 - I'll write one more time but definitely give them a deadline of seven days.

    Do you think I can also include on my claim the charges I've incurred since agreement was reached?


    No as you are not actually claiming the charges but the agreement. But you can add the statutory interest on the agreed settlement figure.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • :T Cheers, I can now get the ball rolling - will keep you updated on any progress I make :rolleyes: xx
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