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I have received a goodwill offer covering my second claim against BOS, which does cover this particular claim.
The problem is that I have a third claim, but they want the offer to be accepted as Full and final settlement. Would the following be acceptable as a reply requesting the total amount outstanding?:
I refer to your letter of DDMMYYYY. I accept that you are entitled to recoup extra costs incurred, but it is unlawful for you to extract a profit in addition to these costs, which I believe you have been doing.
With reference to your offer of £xxx.xx as full and final settlement, I have to advise that as there have been further charges since DDMMYYYY I would accept £xxx.xx as final settlement. This figure includes charges since that date.
This letter is sent on a without prejudice basis. I look forward to hearing from you.
bos~ Data Protection Act sent ~ statements received ~ owed £1766.82 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006 bos Data Protection Act sent ~ statements received ~ owed £1217.86 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006
court date issued of the 17th november
27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.
It's fine. Remember though - you don't have to accept the offer on their terms. Just don't sign their form. Send a letter accepting the settlement under your terms.
If my post has been useful, tip my scales and let me know
Think I made a wee mistake, I did not put a time limit for the Bank to respond to my letter in reply to their GoGW offer, two weeks have now past.
What I thought I should do now is send a similar letter giving 14 days to respond.
If the bank don't do anything where do I stand? I haven't actually accepted the £750 offer, I said I would settle for the full amount of charges. If I don't hear anything do I accept the £750, wait for everything to clear, then start a new claim for the remainder?
I would really appreciate some advice before going any further. I don't really want to sign the acceptance form that the BOS sent out with their letter of offer, as I read another post saying that by doing so would be accepting their terms, i.e. "full & final".
Could someone let me know if the following would be ok?
"I refer to your letter of DDMMYYY and accept your offer of £XXX.XX without further conditions. I would be obliged if you would confirm to me within 14 days a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall issue a claim."
If I did send this and they didn't respond, would it still be ok to issue a court claim????
I'm a bit lost.........where are you at now? Are they offering you the full amount you are looking to claim for (at this given time), or are there other charges outstanding you are looking to recoup?
If my post has been useful, tip my scales and let me know
In total I would have three claims (under £750 - Scotland).
The current claim is the 2nd one. BOS have sent a gesture of goodwill offer of £750 which exceeds the current claim by £2 but with the condition that it is a "Full and final" payment on all accounts. I had replied "without prejudice" saying that I would accept a full and final offer of £900&odds, being the full amount of remaining charges that I had intended to claim overall.
Since then BoS have not responded. So I thought that the next thing to do was to send another letter accepting their £750 but "without further conditions". That way I could show a court that I had accepted the offer.
Goodwill Offer - can I ask for more?
, which does cover this particular claim.
settlement. Would the following be acceptable as a reply requesting the total amount outstanding?:
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