Cheeky Woolwich

[manager1]

I made a claim against the Woolwich and they made an offer which was fine. I accepted and they told me that they would be deducting £1700 as that was the balance outstanding on the closed account.
They sent the cheque and they had stopped £1700 when i looked the £1700 balance was nearly all charges.
Question...... Can I claim them back as well?
At no time have they mentioned full and final settlement of account....
What d'you think??

[welshcakes]

Hi Manager

I presume that the account was closed by the Woolwich for being out of order. Was the account given over to their in-house Debt department or sold on to a DCA and have you looked at your credit file to see if a Default was been registered? Were you not required to enter into some kind of repayment scheme with the threat of legal action if you didn't?

Lots of questions I know but finally, from your post I understand that you didn't claim all your charges ie you talk about making a further approach regarding £1,700 of charges applied toward the end of your account activity. Why didn't you include all charges in first place when contacting bank?

[manager1]

I had a breakdown and the £1700 was just charges mounting up as i couldnt work. I claimed all the charges on the account over 6 years and they offered me 5000+ but took the £1700 out of the 5000+.
I have checked and as they were charges can I claim the £1700 it seems that they have given with 1 hand and taken with the other.....
I never received notification from any debt collection company.My credit file reads default £1700

[welshcakes]

Hi Manager

Ok, still unsure why you are asking if you can claim the £1,700. Are you saying that you calculated all your charges (including those making up the £1,700) and approached the bank for return of your money...the bank made you an offer of £5,000 in full and final settlement of your claim and you accepted.

The bank then cleared the outstanding balance of £1,700 giving you the £3,300 balance.

Is that accurate? If you included the £1,700 in your original calculated refund, the setlement agreed took them into account so you can't claim for them again.

Did you cash the £3,300 cheque and have you raised this matter with bank since?

When you accepted their £5k offer, did you sign an agreement stating it was full and final settlement? The problem is that you may have signed away your rights here and the opportunity to have them remove the Default.

Hopefully this posting will bump your thread high enough for some experts to come along and give you more advanced advise.

[manager1]

Thanks for your help.
Yes there were in the original calculation but firstly...I never signed anything as full and final settlement.
secondly they paid off charges to the tune of £1700 so I have paid more charges havent I?
I am asking for them back anyway it will only cost a stamp?
Thanks anyway for taking the time to read and respond.

[welshcakes]

Hi manager

Not sure that I follow. If you asked for refund of £5,000 charges (which included £1,700 charges at close of balance) surely they have simply eliminated £1,700 of charges (ie removed from equation) and refunded the difference which is the remaining £3,300 charges?

Am I missing something here, is quite possible lol.

How was settlement of the £5,000 made - eg a covering letter with cheque for £3,300?

[manager1]

Sorry for the delay Welsh cakes....
basically the 1700 wa sincluded in the original claim.which they offered me 75% £5400. We all know that that is the going rate
Now when they closed the account there was £1700 in charges laying dormant. They stopped £1700 and paid them out of the settlement.
My conclusion is I accepted £5400 but I have paid another £1700 off the charges again.
Its only gonna cost a stamp so I am gonna claim them back (fingers crossed) I will keep you posted..

[welshcakes]

Hi Manager

I don't follow your logic.

As I read it, you had a closing balance of -£1,700. This figure was made up entirely of charges.

Barclays have refunded the £1,700 charges (demonstrated by their revising closing balance to £0) and forwarded the balance to you of £5,000 - £1,700 = £3,300.

I don't understand why you think there's still money due. You still owed the £1,700 and they have merely deducted it from the agreed payment to you.