Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    aisforandy Novitiate

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    Default Interim payments

    Apologies if this is in the wrong section, but I have looked through the forum and haven't been able to find the answer.

    I have wrote to my bank asking for my cash (£1038) back etc and they have written back offering me £105 as goodwill gestureicon on the basis I don not persue the claim.

    As instructed on this site, I have written back saying :

    ... with regards to your recent letter following my correspondence, I would like to accept your goodwill gestureicon to repay £105 of the money taken from my account over the past 4 years. This acceptance is in no way a settlement but will be regarded as an interim payment.
    So now I have accepted this how do I go about claiming it if they have told me that they will only give it to me if it is a final settlement?

    Thanks in advance for any help.

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  2. #2
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    Default Re: Interim payments

    If they've offered £105 on an £103 claim then that's surely a good thing?

    Accept it, sign the Full & Final acceptance form but CROSS OUT THAT BIT that actually says 'Full & Final Settlement'

    ** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

    I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

    The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

  3. #3
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    Default Re: Interim payments

    Sorry!! My claim was for £1038 - the bracket turned it into a smiley!!


  4. #4
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    Default Re: Interim payments

    And how would you mean sign it and cross it out - it was just said in part of a letter.


  5. #5
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    Default Re: Interim payments

    Ah, gotcha!

    In that case, sign nowt mate!

    Give them a call, tell them that you 'accept their goodwill gestureicon' but NOT as full & final settlement, and that you shall be looking to recover the remainder via the Small Claims Courts.

    ** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

    I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

    The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

  6. #6
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    Default Re: Interim payments

    But surely they will just turn round to me and say, "No, this was offered on the condition you stopped the claim".

    They haven't sent me anything to sign, just a letter saying that they were offering me the gesture.

    Thanks for the advice, btw!!


  7. #7
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    Default Re: Interim payments

    Never forget that you hold the ultimate Ace card, in that should all else fail you can take them to Court & reclaim what you're owed that way!

    They can huff, puff, offer goodwill gestures & the works all they want, but just keep in mind what it is that you're after - a FULL Refund of all unlawful charges that THEY helped themselves to from YOUR account.!

    So, if they have already refunded you that £105, then great! It's just a chunk off your total claim, if they've not then too bad - go through the motions, Premlim Letter - 14 Days, then lbaicon - 14 days then hit them with a Court Claim!

    My thread - JMio Vs Bank of Scotlandicon - Easy Cash Account has got a few pointers in it that would probably be worth a read for you.

    ** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

    I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

    The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

  8. #8
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    Default Re: Interim payments

    See what they say when you ring them, they may retract the offer but I doubt it.

    Tell them you will follow up the phone callicon with your acceptance as an intrim payment in writing, but stick to your deadlines and send any other letters due in the mean time.

    RBoS:
    Student Current Account: £300
    Current Account: £100
    Total = £400

    • Statements requested 3/4, Received 26/4.
    • Pre-lim letter sent for both accounts 29/5.
    • 'Bugger-off' reply received 7/6.
    • LBA Hand delivered to Branch Manager 9/6
    • Reply received and ensuing email conversation terminated 21/6.
    • Claim Filed with Edinburgh Sheriff court 27/6.
    • Return Date is 01/08, Hearing Date 08/08!
    • Letter REcieved 2/8 offering £280, Declined.
    • Phone call same day offering full amount + fees.
    RESULT!!




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