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i ended up refusing my 1st offer from HSBC a fair while ago and continued with the claim with hmcs mony claim online costing the £120 etc, then i got myAQ which was filled out and sent off with the extra fee off £100 payable to my local court the day before the deadline.
i got through various notie of transfers from the courts with the last letter recieved stating the following
' it is ordered that the claim be stayed until 5th april 2007. to be referedto district judge dudley in boxwork on 5th april 2007'
not quite sure what that means tho.
but the same day i also got another letter from dg solicitors saying im trying to claim too far back and have put a claim in for £18 for an unpaid check,
the check charge must of been an oversight by me which is fair enough and if im claiming too far back by approx 25 days that is also fair enough and an oversight by myself again but they have made an offer to make an EX GRATIA PAYMENT.
but the offer does say anything about my online claim fee of £120 or the extra £100 fee for my local court or the statutory courts 8% which is strange i though as my freind had an offer that cearly states that her settlement included all charges for the period stated, interest at 8% per annum in accordance with the courts statutory rate, and court in the sum of £120.
so why havent i been offered my statutory 8% per annum and my £220 in court fees back like her? (she did not make the second payment of £100 to the local court as they settled before that stage)
as my claim has the couple of mistakes made by me (going back 25 days too far & the unpaid check charge of £18 will this affect if i try to continue taking them to court?
im not sure what to do so any advice aprreciated, i dont want to end up getting nothing as the figure in question is over 2k so its alot to lose for the sake of chasing the interest and court fee if i was to get nothing.
Dont worry, they say you have overclaimed by 25 days and a charge of £18 fo unpaid cheque, let them worry about that they know how to solve it, the 25 days were these days you claimed back over 6 years from when you sent them notice of your intentions to claim back any punitive charges (SAR) and isn't the £18 a penalty after all it cant cost them that much in liquidated losses, stick to your guns, send refusal as nettyg says.
yes, i'd say stick - you will probably get another offer soon - probably before the 5 april date - and if you don't - we can nudge them along with a letter - get back - that's only next week - we can nudge them reminding them they need to include the court fee, aq filing fee and the 8% before you will accept an offer - but for now, send the standard rejection letter (pick the one closest to your situation - and don't defend anything - just saying thanks, but no thanks - accepting what they offer as partial but tell them the case continues until you receive xxxx.xx (your claim plus mcol fee of xxx.xx and aq filing fee of xxx.xx = total).
this is fingernail biting time if you are like me - just type it up and send it and forget it for a week or so - go window shopping, take a bike ride, just try to forget it for a bit. nearly there!
yeah im sure they have got it wrong somewhere tho as well,
my name is spelt incorrectly on the forms where im meant to sign, and it says nothing about if i accept i must inform the courts that the case is now closed as i have agreed a settlement like it did when a freind got there offer? they must realise i have filed for court as i got there copy of defence through with the aq.
I will phone them 2moro to say thanks but no thanks as i now want the 8% statutry interest plus the £120 hmcs fee & £100 AQ filing fee, i will also tell them to make sure any future letters sent have the correct surname on them as well.
as far as the £60 charges i claimed for 25 days over 6 years goes il let them sort that as i was wrong they obviously will only pay out what they know they have to,
so to sum up you all agree i will definately get the £220 fee's back on top of the offer i just had and also the 8% interest as i dont want to drag it out for nothing, and how is the 8% worked out as ive heard so many diferant ways from different people?
when you did your spreadsheet - did it not work out the 8%? and also, when you filed your claim on mcol, did you say you would be claiming the 8%?
the mcol did not work out the 8% for me no
did not say when i filed i would be claiming the 8% but neither did my friend but they got paid it as the solicitors said they paid it as its statutory by the courts
kinz, don't want to sound unkind here at all but it does seem as if your aren't reading the faqs and step by step instructions. this system works if you follow the set procedures - and you don't seem to be doing that.
if you didn't ask for the 8% in your particulars of claim, then i don't see them just coming up with it on their own - could be wrong - often am.
as for the 120 court filing fee and the 100 for the allocation questionaire - yes, they should be included.
the mcol doesn't work out the 8%, the spreadsheet does and that was something you should have done before you submitted your claim. in the particulars of claim for the mcol, did you include the statement about the 8% interest - if you did - you may be entitled to in - i would have thought - even though you didn't spell out how much it was.
might be an idea to put your charges onto a simple spreadsheet now and put the filing date at the top - then enter all your charges and that will give you a total at the bottom for the 8% interest. you could then send a copy of that to the solicitors and to be filed with your aq and your claim to the courts. it might work.
i really would do that - if you never figured the 8%.
as for the offers - if you get another offer (or even want to do this with the last offer - here's a letter you could send:
Date
Dear Whoever
Ref: Your Offer of Settlement
Account: xxxxxxxx
Sort Code xx-xx-xx
Claim No: XXXXX in XXXX county court
I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX
Unfortunately your offer has failed to include my allocation fee of £100, my court filing fee of £120 and the 8% interest of £XXX.XX and therefore I am unable to accept your offer as Full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX
As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.
I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXXX
I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.
I look forward to receiving your revised offer
Yours Sincerely
__________________
it would certainly be worth a try and would hopefully get you back into the ballgame. i still think they may send a revised offer before the 5th - especially with this letter.
cheers for the template letter, but at the time of me filling out the aq and when dg asked me to submit a Breakdown of my charges i did not know about the spreadsheet template that did it for you nor did i know about this site in general and was just filling out the form how a freind told me
otherwise i would of used it as it would of made my life alot easier but as i didnt know i copied them, i am crap with all this sort of thing an havent got a clue where to start lol so il forgot the 8% and just ask them for my AQ & court fees of £220
sounds like you didn't keep a printout of your claim. If you didn't claim costs they won't pay them, unless you apply to amend your claim for a non-refundable fee of £35.
ok on my MCOL online claim i added the £120 to the overall amount i was claiming so that covers that or sure, i was not possable to state the £100 aq filing fee as there was no contact etc between me and DG and getting the aq form and the payment date so this charge could not actually be pre determined as i didnt know id have to go through with the payment until last minute when no offer came through,
so i should be within my rights to claim the £220 cost back on top am i not?
NETTYG - they have offered me my original claim amount minus the following
* £18 unpaid check fee as that was a mistake by me and was not meant to be on there. (it was a check paid to me by someone else who bounced it on me and it got returned)
* 4 seperate interest/charges totaling £62.18 as they say ' the charges are statue barred, pursuant to the limitation act 1980, and therefore any charges included withing your claim dating prior to 25th january 2001 are specifically excluded from your claim. in respect, it is asserted that your claim for recovery of charges in excess of 6 years is statue barred.
thats what they said so i take it i went back to far?
so they have offered to pay in full minus these amounts, but they have given no mention of the £120 mcol fee or the £100 court fee which im 99.9% sure im entitled to? im unsure on the 8% situation as i genuinely cant remember if i stated it which is fair enough if i didn't but the principle of the matter is i expect the fee's back like everyone else has got,
i hope that makes a few things a bit clearer for you, sorry but im very thick at all this stuff,
i phoned DG (rachel tomlinson) today and left 2 messages saying i wanted to dicuss a few things about the claim and asked them to get in touch but nobody did so im gonna send an email tonight as well
Right, the court costs are automatic. The Money Claim online Automatically calculates them into your claim.
However, if you have not stated in you POC Particulars of Claim that you want to claim interest in pursuant to section 69 of the county courts act then you wont get it.
You reasoning that people said this that and the other, while this might sound harsh, is foolhardy. You should not automatically listen to what people on here say. Learn for yourself until you are 100% confident in your actions. At the end of the day, you are taking a multi million pound organisation to court and they wont give you squat didly unless they have too.
You say you are not sure if you mentioned the interest. Just log onto MCOL and look at your claim.
Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth
the court fees may very well be automatic but we've seen plenty where they offer minus the court fees and it's up to peeps to get them added.
so, if you are happy - more or less with what they have offered - why not try this letter back to them. tweak it to your details.
Date
Dear Whoever
Ref: Your Offer of Settlement
Account: xxxxxxxx
Sort Code xx-xx-xx
Claim No: XXXXX in XXXX county court
I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX
Unfortunately your offer has failed to include my allocation fee of £100 and the court filing fee of £120 and therefore I am unable to accept your offer as Full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX.
As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.
I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXXX
am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.
I look forward to receiving your revised offer
Yours Sincerely
__________________
make that total - what they have offered in the letter plus 220
and in the part where you will sell your soul for confidentiality - put the amount that they are refusing to pay - it won't work but - hey, why not.
type it out with all your info in it and you can do a couple of things.
do you have a hotmail account or an email you can pick up from another computer - type it the way you want it all the details in it - and e-mail it to yourself - then go to the library (or work? or a friend's house? or somewhere? and open your email and print it there).
i think mailing it would be preferable to e-mailing it plus you keep a copy,
or you know what - just hand write it out - get a copy at shops for 5p and mail it. as long as it's legible - i don't see why you can't handwrite it.
that ok?
I acknowledge receipt of your letter dated XX/XX/XX and your settlement offer of £XXXX.XX
Unfortunately your offer has failed to include my allocation fee of £100 and the court filing fee of £120 and therefore I am unable to accept your offer as Full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXX.XX
As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.
I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXXX.XX
I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £XXX in order to be afforded this privilege by myself.
Also in future can you be sure to use my correct surname of XXXX as your previous letter states it as XXXX so I could not possibly sign anything under the wrong name.
I have now received notification that my claim be stayed until the XXXX 2007. To be referred to District Judge Dudley in boxwork on XXXX 2007 so i look forward to hearing from you before then with your revised offer.
Yours Sincerely
i got a printer sorted 2nite as well so its going 1st class tommorow
second offer, should i say no again?
a fair while ago and continued with the claim with hmcs mony claim online costing the £120 etc, then i got myAQ which was filled out and sent off with the extra fee off £100 payable to my local court the day before the deadline.
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Originally Posted by nettyg
