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Had an interesting letter this week! For those who don't know I've been very busy in my personal and work life and my discipline on the whole claiming lark had admittedly slipped. Nevertheless I had planned this week to get back on top of it and somewhat strangely RBS must've sensed my renewed enthusiasm and sent out my 'Full and final offer'.
It was quite a handsome amount (approx. 80% of total amount claimed exc. interest) and boy am I tempted. My predicament is that a) I need that money now! and b) I don't really have the time to start dragging out court proceedings in order to get the added interest (although I will if neccessary as I have waited this long to get to this stage!)
My question therefore whether I should call them and say that I'm disappointed with their offer, although if they can make the full payment immediate affect I will not continue with the proceedings or seek interest. Do you think they will go for this compromise?
If they don't then I am perfectly happy to continue to the death and get the full amount, although I really could do with that money now. One thin's for certain though I won't be accepting their 'full and final' offer. I want my full claim amount or I will be taking them to court and seeking interest.
Call them by all means. However, if you want to recover all charges levied on your account, you may need to be prepared to go to court to recover the full amount of charges.
IMO, the whole amount is your money, why should you settle for less. It depends on what you need the money for and if it can wait. You have 2 options, or amalgamate them both together: -
1) Reject it as the Full and final settlement, but accept as partial payment. Tell them in the letter that if they offer the full amount you wont proceed to court. Although, they will probably ignore that letter n you will have to go to court to get it all back, you can try and tempt them.
2) Send the letter in my next post, littlesally & brightestsparkler sent it and had an offer after a few days of posting it. it didnt work for me though.Obviously edit as necessary, also take out the bit about no offers being made.
Ultimately the decision is yours though. This is just my opinion!
Good Luck!
Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.
It is clear from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.
I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £380 detailed in my previous letter to you.
However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts
If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.
Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.
Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £380.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.
Please do not waste any further time with something you do not intend to defend.
An offer out of the blue!
must've sensed my renewed enthusiasm and sent out my 'Full and final
offer'.
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Re: An offer out of the blue!
