They have settled my claim but !!!!

mario · 25th October 2006, 10:39

They have not Included my Interest that has accrued,I rejected offer 2 months ago as it had conditions and did not include the interest this may have been because although it was included in the wording of the claim I had left it off the total when adding up the totals so I wrote back rejecting offer saying no conditions and also wanted interest added,got letter this morning with no conditions but no interest again,what do I do,court date due Nov 1,should they have included it as it was in wording but not in total,anybody else been in this position.

gettin'evil · 20th November 2006, 18:35

Hi there

did you get a reply to your query. My bank has just settled with a cheque for the basic amount but have not included court costs and not sure whether to bank the cheque or not.

Look forwarding to hearing from you.

Regards

tamadus · 20th November 2006, 18:40

Quote:

Originally Posted by gettin'evil

Hi there

did you get a reply to your query. My bank has just settled with a cheque for the basic amount but have not included court costs and not sure whether to bank the cheque or not.

Look forwarding to hearing from you.

Regards

If you have issued a moneyclaim then they are immediately liable for court fees and sec. 69 interest so write back to them and basically say that you accept the part payment but your case will continue untill it is settled in full, which includes sec 69 interest and court fees.

gettin'evil · 20th November 2006, 18:49

thanks! will do.

tamadus · 20th November 2006, 19:03

Oh and don't bank the cheque if they have said it's in full and final settlement untill they reply.

gettin'evil · 23rd November 2006, 14:18

too late have banked it. What shall I do. just file the discontinuance form they sent OR write and say thanks for part payment but you still owe me costs and interests so lets go to court???

tamadus · 23rd November 2006, 18:51

Quote:

Originally Posted by gettin'evil

too late have banked it. What shall I do. just file the discontinuance form they sent OR write and say thanks for part payment but you still owe me costs and interests so lets go to court???

write back saying thank you for the partial settlement but court action has already been started and you're going to continue for full settlement.

Do not sign and return their settlement document. Problem with banking the cheque is they can consider it acceptance oif their settlement terms.

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