Have I left it too late?

[josflat]

I started a claim in October last year, however due to personal reasons I did not persue the claim but now feel ready to take things further.

B/card made a goodwill part payment into my account during this time which was the difference between my charges and £12 fee recognised by the OFT. Their letter stated that if they did not hear from me within 8 weeks that they would close my complaint file in accordance with thier usual practice. There was no mention in the letter about it being a full and final settlemnt.

I did not respond to the letter and the money is still sitting untouched in my B/card account.

Can I still claim for the rest? Is the recommended way to start again with a prelim but including a section in their accepting their goodwill payment only as a part settlement?

Have I left it too late?

Any help would be appreciated.

Jo

[josflat]

bump - anyone?

[Advoc8]

I would start with a preliminary request modified as you suggest (and also with a modified schedule showing the repayment) but give them 7 days to deal with it rather than 14 before moving on to LBA.

[misspickles]

Hi there
I had a similar situation where I dropped off after an LBA I stuck a couple of letters together from here as below as a way to pick it up again and its worked ok for me:

ACCOUNT NUMBER: 000000000000000000
Your ref; 000000000000000

Dear ......................... ..,

Thank you for your letter dated ..................January 2007 Please find below my response to some of the issues raised in your letter.

You claim that your charges are fair as they are outlined in the terms and conditions of the account.
I claim that they are excessive and unlawful, and as you have not provided me with any justification or breakdown of costs for the level of your charges, I find no reason to believe your claim that they are fair. Simply including them in the terms and conditions of the account does not make them lawful.


You state that I may ultimately become eligible to refer to the Financial Ombudsman Service
This is completely irrelevant as this is a legal matter which I believe will be heard in the small claims court, as the amount I am claiming is well under the £5000.00 threshold for that track.


You have offered a sum of £456.00 as a goodwill gesture.
I will be pleased to accept £456.00 and would obviously subtract that amount from my impending court action against you. For your information, that will result in my claiming for £447.46 plus costs plus interest.

In light of your letter and to enable us to settle this matter without legal action, I have decided to allow you a further 10 days to consider your position.


I therefore require, by Thursday 8th March 2007: -

A commitment from you that £456.00 will still be credited to my account, in which case my claim will be for £447.46 plus costs and interest.

If no such commitment is received by Thursday 8th March 2007, my claim will continue for £903.46 plus costs and interest.

A commitment from you by Thursday 8th March 2007, that you will settle my claim for £903.46 in full, in which case I will not start proceedings against you.

I look forward to hearing from you.

Yours Sincerely





Miss Pickles

hope that helps

Miss Px