court fees

[cjm_]

hello all,

The co-op have just "good-willed" me a sum which is just a shade less than my original claim minus the interest. at this stage I'm not sure whether just to accept it or continue on by sending them a letter thanking them for the partial payment but telling them i'll be continuing to persue the full amount. To be honest, i'm not too sure of the exactitude of my figures given the banks confusing breakdown of charges, something that's making me a bit shy of going to court.

The thing is that i've paid the £120 for the MCOL, which doesn't seem to have been refunded (there was no info about the "goodwill" money, so i don't know know if it's been included there) and i'd very much like to get it back court or no-court.

they haven't entered a defence yet and have five days left in which to do so. what would happen if i did nothing at all?

i've got a sneaking suspicion that this is just a timing thing as they are so far behind with the claims, but any advice on what to do next would be greatly appreciated.

[Trish76]

You are quite within your right to be refunded the £120 court fees. As you have already submitted the claim through the courts you have 2 choices, firstly continue with your claim and let it run it's course until you receive the full settlement, inclusive of court fees and daily interest acrued under Section 69 of the County Courts Act, or secondly accept their offer of goodwill but you would need to make it clear to them that as you've submitted your claim through the courts then you will only accept the offer if these fees were refunded too.

[cjm_]

ta!

so, should i send the bank another letter letting them know that i've recieved the money but intend to pursue the remainder of the claim through the courts?

also, do i need to inform the court people about the change in the amount i'm chasing the bank for?

thanks again for the help, this is pretty stressful!

[phatram]

Accept the payment as part payment of your claim, but stress you are continuing with your claim for the full amount plus interest, and yes, notify the court you have been paid something.

[Trish76]

You should find a suitable letter here:

Rejecting Offers

[jubaxt]

hi-my notice was deemed served yesterday-how long did it take for your offer to come through

[cjm_]

thanks everyone,

Jubaxt- served on the 33nd of may, money in my account on the 7th of June.

[jubaxt]

what date was that?

[phatram]

33rd ????
LOL

[cjm_]

oops! 23rd!

[cjm_]

ok, i posted away the rejection letter on the 18th of june. as this was close to the date by which the bank would default (it took me a couple of days to decide whether or not to go for it) i've given them a bit longer to respond. as of today though, there's been no word. what to do now? tell the court to proceed with the claim at an adjusted amount, or do ou think it'd be worth my while contacting the bank and seeing if they'll sort me out with the court fees?

[hedgey06]

Hi cjm, have they already paid their 'goodwill gesture' into your account? If so, write to the court explaining that they've made a partial offer - attach a copy of their offer letter and continue with the claim until they settle at least the court fees as well.

[cjm_]

yeah, the goodwill payment came in not long after i'd paid the court fees. i'd have probably just settled too if wasn't for the money i'd paid to the court! i shall send that material off to the court tomorrow.

will it make a difference that my claim was via MCOL?

[hedgey06]

I don't think it'll make any difference that the claim was via MCOL. Has it been transferred to your local county court yet?

[cjm_]

no word about transferring it yet, but i haven't told the court that the bank haven't contacted me about defending the claim yet.

[hedgey06]

Don't worry about that - if you've received your defence you can guarantee they've notified MCOL/court as well. Wait until you have notification that the claim has been transferred and then send a letter to the court informing them of the reduced claim. If you send it to Northampton now - it may get lost for a while in the 'crossover'. C.c. the letter to the solicitors acting on behalf of the bank as well....... just for good measure!