partial refund offered - clarification required

[torsen]

*first request for £360 unlawful charges refund issued to halifax 12th April

*£80 goodwill gesture in full & final settlement offered by halifax received 20th April

I've checked the FAQs and step by step's to determine how to accept the offer in writing while stating I'll still require the remaining £280 be returned within the timescale stated in my original letter (basically 14 days from today's offer receipt). I'm concerned that the FAQ's say :

"3.) you will be offered a partial refund (accept this but sign nothing ..."

How do I accept the £80 in writing (while alerting halifax i also require the remaining £280) without signing the letter? Is there a specific wording that's advisable to use if i'm going to respond in writing to make sure they don't take my reply as acceptance of the £80 "goodwill gesture" as full & final settlement?
halifax tried to call me yesterday to discuss my request but fortunately i was out. i do not want to get into phone discussion with them if at all possible.

cheers

[Bookworm]

Dear Sir/Madam,

Thks for your offer of a refund of £80. I gladly accept them, but certainly not as a full and final settlement.

I would now advise you that unless I receive total repayment of xxx pounds by xxx date, I will have no choice but to start a claim in the county court, etc etc etc...

Or words to that effect.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[torsen]

many thanks

ended up using a tweaked version of the final demand template (using the word fiduciary in two letters would have been excessive) with an addition at start:

In response to your letter offering £80 as a goodwill gesture - your offer is accepted only as partial repayment of the outstanding balance and i do not recognise it as full and final settlement of my complaint. I also do not recognise your statement that "future valid charges will stand". This is because I am aware your current charging structure is unlawful.

capital one initial request for repayment went off today as well.

good luck to all

take care

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[torsen]

received two replies to LBA within days of each other offering £168 in full and final

One of them mentioned the "under no statutory obligation to record manual intervention" blurb which is good!

Claim will be lodged this Friday 5th May 06

Will update when i hear anything

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[torsen]

Claim No: 6QZ29511
Claim Value £408.38 plus £50 court costs
Claim issued 09/05/06
Halifax acknowledged claim to defend in full 16/05/06
Settled in full 24/05/06

"however, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of legal costs that ... blah blah blah etc ...

If you incur any further charges Halifax reserves the right to withdraw your banking facilities ... blah blah blah ..."

no admission of liability and threats to close the account. just let em try!

good luck to all and many thanks to the bank action group

court summons goes off to capital one next week