Nationwide has said they intend to defend and have 28 days from 5th of July.
o/h got a letter with a cheque for a paltry 20% of claim along with their own schedule of charges saying if he disagrees with their figures the onus is on him to send them yet another schedule;
Please what do you think of my reply below, all comments appreciated.
Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of £xxx and have included the cheque you supplied in respect of that offer.
Paragraph 2 of your letter states: “I’m enclosing a cheque totalling £xxx of which £xx is a refund of charges, £abc to cover your court costs and a further £xx which represents interest calculated at court rate of 8% from the date charges were applied to the date of refund.”
The above paragraph indicates that you are aware that I have begun court proceedings against your good selves, which is why your offer includes £xx court costs. It can then be reasonably inferred that you are in receipt of my Particulars of claim and schedule of charges forwarded to you by the court. If so, would you be kind enough to comment on the following;
a. The POC (Particulars of claim) gives you detailed information about the basis of my claim, showing the amount asked for, the time period for which these charges relate to and the interest due thereon.
b. Attached also was a schedule of charges, paragraph 4 of your letter states “If you believe that this figure is incorrect the onus is on you, as the Claimant, to provide us with a specific breakdown of the amount and date of each charge that you claim has been debited to your account”
Correct me if I am wrong but I do believe that your request in ‘b’ above is an abuse of process, the above information has been sent to you on three different occasions as follows:
- along with my preliminary request for the refund of charges on xx/xx/xx
- on xx/xx/xx along with my Letter Before Action
- finally, a copy of my POC along with the schedule of charges was forwarded to you by the court.
Please be informed that whilst I will send you another copy of the schedule of charges, I intend to confirm from the court that the schedule has already been sent to you, and this being so inform them of your request for another schedule of charges, which I believe to be a tactic to delay the course of justice.
My claim is for £xxxxxx as outlined in my Particulars of Claim, plus court costs of £cccc plus other costs incurred and this claim will continue until payment is made in full.
I trust this clarifies my position.