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Nicola-mod
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PPI claim has now offered more monies than before which

Customer Question

PPI claim has now offered more monies than before which seems to have be ordered by the Government to do this .
BUT this new payment is now to enable the closure of the file . Having ALREADY be paid "out" on this matter some months ago as full and final . How can this payment now be made to me ???
WHO is wrong to with this offer ??? Me for taking it . OR them for breaching their OLD offer and payment ??
NGH
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Is the situation that you had a claim and got paid out in full and final settlement and now for some reason they have given you some more money?

In the covering letter, what did they say about this?

Have you queried it with them?

How much money is it?

If your concern that this money is sent in error and that you may spend it and then have to repay?

Customer: replied 6 months ago.

Thanks for your reply .

YES as i have said that I was "forced" to take their offer sometime ago because they did NOT except I was entitled to anything else . Therefore they left it as a take it or leave it FULL and Final payment on their payment to ME .

NOW they "say" that the GOVERNMENT is telling them that MORE of the claim/s should now be paid "out" in the PPI matter .

So now I have been sent a monies amount and covering letter stating that THIS payment is being made to me in "order" to NOW close this "file" .

I have spoken to their "help" center about ALL of this . In reply yet again it is take it OR leave it . Should I wish to challenge this , I may send them a letter of complaint to the center .

So who is wrong in this matter ??? ME take the new payment OR them for offering me to do . ????

NO this amount has NOT been sent in error and has NOT been banked by me because of their new terms and conditions , which are not in line with their terms and conditions of FULL and Final I was FORCED to except THAT payment so time ago .

Thanks .

NGH

Expert:  F E Smith replied 6 months ago.

Thank you.. You are never forced to take an offer. You are always at liberty to litigate although if you do litigate, there is a risk that you may lose all or part of the claim. Sometimes, it’s necessary to take of view as to whether it’s better to take what’s on offer rather than have an expensive and protracted argument.

A good friend of mine works for PPI reclaim company as a senior manager and has done for many years and I spoke to him about this. He is not aware that there is any government initiative to force a PPI company to pay more money.

Are you able to let me see a copy of the letter?

What exactly is it that you want to know about this? What do you want to achieve?

Customer: replied 6 months ago.

YES you are right that it was an "offer " in the first "part" BUT Having already had TWO years of "playing" PING PONG the time was running "out" to make the claim I did . Having sort advice for Money WHICH who also agreed that my claim should have been more than I had requested and been refused by RBS . HENCE their terms and conditions were that the payment THEN was FULL and FINAL .

When I phoned the call center about THIS new payment being offered NOW is made to enable the FILE to be closed . My history of this case was explained to them and when I asked why this has NOW been a NEW offer to close this file, IT WAS BECAUSE THE GOVERNMENT HAD TOLD THEM TO DO SO . Should I wish to still pursue this matter further I should contact the claim center in writing . Should I not wish to bank the payment "given" fine .

So this would then mean the file is NOT closed afterall .??? and the last agreement with RBS will be breached ????

I wish to know who is right on this matter of the new offer/payment .

Me to take this payment and breach the existing FULL and FINAL agreement OR not to and leave the file open still and tell them so , they are in breach . and the monies they NOW know are due to me have to sorted .

NGH

Expert:  F E Smith replied 6 months ago.

There is no need to emphasise things in capitals. I take your point. You only have 2 options. You either return the payment and leave the matter open and litigate with a view to getting more money which is not guaranteed to happen or you accept this payment in full and final settlement.

There really are only 2 options.

Customer: replied 6 months ago.

Thanks , point taken .

So when is full and final a settlement NOT a full and final settlement ?? because they have said in writing that the new payment is to close the file , which has already been close by them months ago .

Yet they now accept this monies are mine for a the full and final payment to me . ( That then makes it two full & final agreements for me to have on the same PPI ) .

NGH

Expert:  F E Smith replied 6 months ago.

A full and final settlement is not a full and final settlement in the event of manifest error.

I’m still not certain what the problem is. I can understand what it was if they say they had overpaid you and wanted some back because they would not be able to get that.

But as it appears they underpaid you for whatever reason, I’m not certain what you’re trying to achieve.

Surely, if this is not full and final settlement for whatever reason they keep dropping these checked through the post every, it would be reason to rejoice. I’m not certain whether I’m missing something or not.

Customer: replied 6 months ago.

This "new" payment is not a manifest error .

My understanding is that the settlement both side accepted months ago was made as full and final of this account of PPI .

They did not wish to except my claim at that time . Only to get the full and final agreement in place to end the claim . As the time limit had been reached to claim by .

To now wish to pay more to me breaches the past agreed settlement . ( Of full & final is what that means )

NGH

Expert:  F E Smith replied 6 months ago.

What do you want to happen?

Customer: replied 6 months ago.

What the law allows , Who is wrong to be in an RBS already agreed/ ment OR them to breach that and start a new ?????

As PPI seems to not be working as settlement agreement .

NGH

Expert:  F E Smith replied 6 months ago.

The law allows you to keep the money. What is it actually that you want?

Customer: replied 6 months ago.

This time around is a second full and final to the first agreement that was full and final .

RBS should be aware of this ( that full and final is just that . not for a second time around ) Which is meaningless by adding this payment now given out to me is for closing the file . That file closed first time around . RBS is wrong in not closing the file as agreed , they would do last time .Now to say it remains open because a second payment is being now made is also wrong .

NGH

Expert:  F E Smith replied 6 months ago.

I’m afraid that I cannot assist you any further with this. You have no claim to bring. We are just going round in circles. It is no longer economical for me to continue.

Best wishes

Expert:  Nicola-mod replied 6 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 6 months ago.

I am very disappointed because this PPi claim is incorrect to allow the claim to be paid full and final , then months latter say it has not been closed until I take the new offer made .

Thanks .

NGH

Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 6 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 6 months ago.

If my last "helper" knows his friend`s advice about PPI as stated maybe he is the one to answer this after all . ???

NGH

Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

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