PRLIMENARY APPROACH FOR PAYMENT(help!!)

[ADAMANDNICOLA]

hello all.

we have just received our statements with relatively little fuss, and finally began our quest to seeing exactly how much charges they have taken over the three accounts..
unbelievably from august 11 2002 there is a total of £5360 pounds!!!. This does not even include any interest at this stage .

could you please help with my queries as i wish to post the preliminary approach for payment letter but need a few things clarifying.

1) i read earlier that should our request for a full refund of charges end up in the small claims court court - we will have to cap OUR CLAIM below £5000 pound as this will exceed the recommended levels.

so to avoid either very expensive court costs,(should this happen) would anyone be able to advise if we set our settlement request below the £5k amount or go for the full amount.

2)should this go to court should we also make sure the potential interest and charges are included and below the £5k figure.

This is starting to get interesting,but cannot afford to pay major court costs for the additional £360. also Any advise on the law on small claims would be very useful.

many thanks and hope all you're claims are going well.
adam

[ukaviator]

Hi..

I would get the 3 accounts into managable sums because you need to add interest to each charge.If its a credit card you can get back the contractual / compounded rate of interest.Maybe tie 2 together and do the other one separate. They do pay the court fee back anyway.This will keep you below the £5000. It could go fast track if you add all 3 up together and add the interest.Probably won't go that far to court,but always be prepared.

Good luck

Uk....

[ADAMANDNICOLA]

hi uk...

thanks your speedy reply and wise words.
The charges were all made over a 2 year period, some months over £500 across the accounts, but not many charges on credit cards. Thats another battle for a later date. Looking at the over draft limits and exceeding dates there wont be that much interest to reclaim, unless I'm adding it up on the template wrong.

you're advise on separating is much appreciated...
let you know which way we go

thanks

[ADAMANDNICOLA]

can you believe it!!!!, a offer on two accounts have just arrived after only 4 days,but it all seems a bit fast compared to other peoples struggles..
heres how it has gone so far.....

Tuesday 03.10.06 sent preliminary approach for payment total £4956 over three accounts.

Thursday 05.10.06 received confirmation they have received our request and will investigate and will respond within 40 days.....

Saturday 07.10.06 received two offers on two accounts,both as a gesture of goodwill for 6 months worth of charges, one for £1375.00 and one for £887.00
so total amount £2257.00 with the following conditions.

"these charges have been offered as a full and final settlement of your complaint"

"you have also requested information on how we calculate our costs.we are not obliged under the data protection act to supply this information as it is commercially sensitive,so cannot comply with your request."

"If you remain unhappy with your concerns please contact the financial ombudsman service"

"to accept our offer please sign and return the enclosed acceptance form"...

Help!!!!! what do we do know ...

I cannot believe they have made these offers after only a couple of days, and whilst these are pretty generous, they only account for approx 45-50% of the charges made to our acounts....

Do we accept the offer, with the possibility of not receiving another improved offer?????

Or do we wait till our mentioned deadline in our fist letter and issue the LBA, acknowledging the offers made but demanding the full amount within a further 14 days.?????

please any advise will be much aprreciated......

thanks Adam and nic

[Solowka]

I see Jan has answered this one in your other thread, i`m always too late to offer advise lol.

[ian cognito]

May be an idea to have these two threads merged, less work for all involved