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Old 19th April 2007, 13:04   #1 (permalink)
twisted-pixel
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Watch out, there are Claims Touts about!

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Join Date: Feb 2007
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twisted-pixel Novitiate
Default Going to try new approach

hey folks,

I'm thinking about trying a new tact. I've sent my LBA and should be beginning court proceedings at the end of this month...but...I've been thinking about sending this....(not sure about the wording yet..need to play with it a bit)...what do people think?


Many thanks for your letter of 16th April 2007 in reply to my letter advising of impending court action to recover blah blah blah

Your letter indicates that you aim to resolve this matter by 15th May 2007.

I would like to draw your attention to the fact that I stated that had I not received repayment in full of the unlawful charges that had been applied to my account within 14 days of you receiving my letter (indicated by Royal Mail as being received by yourselves on 12/4/07), I would proceed with Court Action to recover the charges.

I am sure that court action is something we would both like to avoid and so I am prepared to offer a compromise.

The current schedule of charges that I am claiming (to end of April 2007) amounts to £2041.50. Interest and costs would push this figure to £2296.21. I am prepared to settle for 90% of the original claim which amounts to £1837.35, thus offering you a saving of £458.94.

As per my previous letter advising of court action proceeding 14 days after your receipt of my letter, I aim to begin such action on 27th April 2007. I will allow you seven days from receiving this letter to consider my offer.


then finish it off somehow....

Just thought it gives them a way of geting out of court action but with the added incentive of saving them a bit of cash. plus I get repaid a bit earlier...can't hurt to try right?

comments??
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Old 19th April 2007, 16:58   #2 (permalink)
Sally Pooley
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Default Re: Going to try new approach

Hi, as you say it cant hurt to try if you are willing to accept 90%, and at the end of the day, if they say no, you can still go down the normal route, even the judge then couldn't say that you didn't try.

Good luck Sally
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Old 23rd April 2007, 10:30   #3 (permalink)
twisted-pixel
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Default Re: Going to try new approach

Have just finished 'tailoring' my letter, but I'm a little unsure as to exactly where to send it. To date I've sent all my letters (S.A.R - (Subject Access Request), prelim and LBA) to the bexleyheath address. The last letter I recevied from the Woolwich came from Clacton.

I understand that for the court claim I should use the Churchill Place, London address, but for ordinary letters should I stick with bexleyheath or go to Clacton?

thanks
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Old 23rd April 2007, 13:45   #4 (permalink)
shelter pie
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Default Re: Going to try new approach

Its up to you at the end of the day.

Do you know of any one else who has had part settlement at the sort stage?

Ive known people who because they have waited til the end have also had their current charges added as well - saves teh hassle of starting a seperate claim!! Sweet!!
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Old 26th April 2007, 19:09   #5 (permalink)
silentnight
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Default Re: Going to try new approach

How are things going with your situation?
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Old 27th April 2007, 11:02   #6 (permalink)
twisted-pixel
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Default Re: Going to try new approach

well, I'm waiting until about this time next week and then starting the court claim.
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Old 27th April 2007, 19:21   #7 (permalink)
rainbow005
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Default Re: Going to try new approach

Hi twisted-pixel,

I tried this approach and asked for their offer + 50% of the difference between the offer and the actual amount owed (obviously not including any interest).

The Woolwich - they say no!

I've now had a letter suggesting I refer my complaint to the Financial Ombudsman. Not sure if this is actually something I "have to do" in order for any court action to be valid, but I'm just about to start reading all the FAQ's again to find out!

I'm sure you'll let us know if they go for your offer though!

Good luck,
Rainbow
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Old 27th April 2007, 19:35   #8 (permalink)
twisted-pixel
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Default Re: Going to try new approach

well, if they say no to 1800 then they will end up having to give me

£2200 charges
£500ish in interest (contractual interest)
£costs - court costs plus something for my time, just haven't worked out how much yet..any ideas?

so, let's just say £3000...and I will laugh my tits off when I remind them how much they could have settled for.
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