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Hi all, this is my 1st post. If this has already been covered sorry but here goes...
The stage I am at is that having sent the 1st letter (Prelim request) )to Barclays they have made me a settlement offer of less than 1/2 my claim. Now I have no intention of accepting this offer but my question is what do I do next:
Do I send the Rejection Letter
OR
do I just send the lba once the 14 days runs out
OR
do I send them both?
Barclays Bank PLC
Personal Banking
Leicester
LE87 2BB
RE: SORT CODE: ........ ACCOUNT NUMBER:.......
Response to settlement offer.
Dear [named sender or Sirs]
Thank you for your letter dated xx/xx/xx
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx
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.
Yours bla bla bla
I am leaving this bit out:
My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.
because i havent yet sent the LBA. Is this correct? I know the answer is yes but I just want to clarify!!
I have just been on the phone to Barclays and they have re-considered their offer and have now offered me more, to keep it out of the small claims court, its only a couple of hundred off my original claim so i am accepting that!
yea i did put the 8% into the rejection letter. I refered them to my previous letter etc where the 8% was.
I havent sent the letter tonight so if someone tells me opposite overnight i will send the rej with the int in it.
my letter before action is due to go out in a couple of days anyway and i want the figures on that and the rejection to be the same.
Plus just to be safe, i called Barclays to reject the offer. I called an office in Swansea on 0845 3004028.
Hope this helps...
and nice on Chell. Congrats!!
Simon.
I assume the 8% you mention is the sec.69 interest, this doesnt apply UNTIL you issue a court claim. You Can't claim sec 69 at 8% until such time as you actually issue court procedings so be careful about asking for it before then.
when i sent the prelim letter asking for charges back i followed the template letter on this site and calculated the 8% interest on the spreadsheet. Was i not meant to do this?
Do you think when I send my lba i should leave out the 8% part and just put the charges?
I think that the 8% needs to be calculated but does not apply until you send of the info to the court, so from what i can gather the 8% does not go on the rejection letter or the lba. Any site helpers out there who can clarify this would be greatly appreciated.
I do have a problem though in that i calculated my interest all wrong in the first place and now even with the 8% it comes to about 50 quid less. Not sure whether to put the correct amount on the rejection letter or leave it at the original. I am under the impression that they dont actually read these letters anyway.
I sent my prelim claim to Barclays and i accidently used the simple spreadsheet which calculated the 8% interest which I am now aware can only be claimed at the Moneyclaim stage.
What shall I do now? Carry on with the claim, send an ammended Prelim letter or just ammend the amount in the lba?
I'm sending a letter to reject their offer of 1/2 back today, so I'll edit that to say I want the £295 in charges and leave out the £48 interest.
The sec.69 interest of 8% is totally at the discretion of the court. You actually have to ask the court to include it when you file a claim. It is NOT reclaimable before the court claim stage.
The accepted method is to total your charges and using one of Vampiress's spreadsheets calculate the amount of interest the bank have applied as a result of those charges. That forms the basis of your claim.
If you have to issue a moneyclaim in court then you ask the court to apply the 8% (which you have to calculate again using Vampiress's excellent spreadsheets). You can also ask the court to continue adding the 8% at a daily rate until settlement is made.
If your initial claim to the bank was made adding in 8% sec.69 interest then you can ammend your figures in the rejection letter. Ammending things only becomes complex once a claim has been filed at court.
You need your claim to the bank to be as accurate as possible (although you will never get it exactly right as they have some wonderful ways of calculating these things) I would go over the calculation again and use the spreadsheets, pointing out in your rejection letter that you have ammended the total due to you.
I wouldn't worry too much. They have offered you less than what you are owed. Just write back and reject their offer but refer to the amount minus the 8% interest
04 Nov 06 - S.A.R - (Subject Access Request) letter sent
16 Nov 06 - Statements received - £2685.00 of illegal charges incurred
17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent
01 Dec 06 - Received Stalling letter from Barclays
02 Dec 06 - LBA (Letter Before Action) sent
18 Dec 06 - Claim filed with MCOL
20 Dec 06 - Settlement Rejection letter sent
03 Jan 07 - Claim acknowleged by Barclays
22 Jan 07 - Claim defended by Barclays
You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!
Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!
Just briefly this is the ammended rejection letter I will send. Does it sound ok? The main bit I'm concerned about is the ammended total part. Sorry if all this has been covered elsewhere, I am at work and cant spend too long scrolling the net so this is the quickest way i can get info.
Barclays Bank PLC
Retail Banking Customer Relations
PO Box 449
SWANSEA
SA1 5WY
RE: SORT CODE: ACCOUNT NUMBER:
Response to settlement offer.
Dear Gaynor Mills
Thank you for your letter dated 15/11/2006
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £295.00. Please note this is an amended total. My original claim, dated 08/11/2006, totalled £343.19.
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.
My letter sent previously indicates that you have until 23/11/2006 to respond. You are reminded that there will be no extension to this timescale.
I trust this clarifies my position.
Yours faithfully
Simon Woodhouse
I have only sent the prelim letter so might have to remove the "no extension to this timescale" part as I still have to send an lba (tomorrow).
Looks good to me. Stick to your timetable and don't allow them to delay/ dissuade/ bully you into anything you don't want to do.
As for the amended total, you could also write:
"I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £295.00. My original claim, dated 08/11/2006, totalled £343.19.This figure included interest at 8% which of course will be added to the amount if I am forced to file through the Small Claims Court."
Hope this is of use.
04 Nov 06 - S.A.R - (Subject Access Request) letter sent
16 Nov 06 - Statements received - £2685.00 of illegal charges incurred
17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent
01 Dec 06 - Received Stalling letter from Barclays
02 Dec 06 - LBA (Letter Before Action) sent
18 Dec 06 - Claim filed with MCOL
20 Dec 06 - Settlement Rejection letter sent
03 Jan 07 - Claim acknowleged by Barclays
22 Jan 07 - Claim defended by Barclays
You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!
Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!
I did the same thing. But when I rejected their offer, I simply explained that I had inadvertently included the 8% interest and that this was an error on my behalf and then I cited the correct amount of the claim (minus 8 % interest)
It didn't affect my claim and I have as good as won, It's just that I'm too lazy too check that they have paid the money into my account from last week.
Just about to send my lba. My claim is relitively small compared to some people on here (£295) but every penny helps! I'm kind hoping this goes the full hog so I can claim the 8% at the court stage! I've not calculated the overdraft interest either. Odd as it sounds Barclays were quite good with me when I was a student, kept increasing the limit instead of letting me go over. But or lovely relationship died on its ar5e when after uni they made me take out a Resolve Loan to pay off the OD - b@stards (why has this become a link!?!)!!
Any road, gonna post it now using works lovely franking machine. Wish me luck.
Me vs Them ###won###
they have made me a settlement offer of less than 1/2 my claim. Now I have no intention of accepting this offer but my question is what do I do next:
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Originally Posted by simon.woodhouse
