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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
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How to decline a settlement offer?


Wissa
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Hi all,

 

This is a new thread as I don't know how to continue on my existing thread.

 

At the end of August I received a letter from Cobbetts offering me £2100 of my £4000 claim. It gave me 7 days to respond but I was away on holiday and the time had expired when I returned to find the letter. I have today received the letter again, giving me a further 7 days. The difficulty I have is that this claim has been going on since June and the 28 days that I initially gave them has long since passed. I have found the letter template to decline the offer but the ending isn't appropriate as I can't say 'My letter before action sent previously indicates that you have until 23/07/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale' so what date is reasonable to put on the end?

 

This is what I have prepared, is it acceptable?

 

Response to settlement offer.

 

Dear Sir,

 

Thank you for your letter dated 05/10/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £4000.00

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

You have until 20/10/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

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perfect!! thats fine, this is the one thats in the templates section and is very similar to what you wrote, http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

you have explained that you will only accept it as part settlement and made it clear you will be pursing the rest, thats all they need to know!

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Hi, I think your letter is excellent! straight to the point, and no messing!

A friend of mine is claiming from NATWEST and is in the same position, would it be possible for her to use your letter? I know there's a similar template letter, but prefer your wording!

Sorry if this seems cheeky, but I think its better to ask, rather than just pinch it. ;)

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