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skennedy75

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  1. This is the letter that I am sending off today. 2nd February 2007 Clydesdale Bank Legal Services 40 St. Vincent Place Glasgow G1 2HL Re: Account number xxxxxxxxx Acceptance of settlement offer. Dear Lyndsey Cullen Thank you for your letter dated 30th January 2007 which I received on 1st February 2007. I accept your offer of £555.26 for my claim ref number SA929/06, with regard “full and final settlement” I am prepared to accept this but only for this particular claim. This therefore will allow me to pursue the remainder of my outstanding charges from 18/9/2003 to 17/10/2005. If payment is not received before the court date set previously of the 12th February I will appear at court to continue the case. I trust this to be satisfactory. Yours faithfully Stephen Kennedy
  2. Do you have sample wording for future claim and also is the total ie the claim include your interest that you should charge from the date of each charge is 400 days at 8% pa.
  3. Caro sorry another question do you have a template for accepting. The only thing is that it says full and final settlement of my claim at the bottom of the acceptance letter. Does this mean just this claim or all claims???
  4. Caro any idea on the wording for the next claim in scotland is it as moss has written above??? Think I will accept but with no terms. Thanks for the help. The wording was from the link shown http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html Is my mistake not including the interest in the amount to be claimed?
  5. Right next instalment of the clydesdale saga...... Went to court and there was a local solicitor there and she said they were submitting a defence. I had not seen this and the judge said there had to be a copy to me by the end of the week. (stil not arrived) But I received a letter today offering me £555.26. "This includes your court costs of £39 and interest at 8% per annum on the each (yes it does not make sense) charge from the date of service to date, 38 days (£4.26). In terms of the action you have raised, you have only craved interest from the date of service of the summons on the bank and not the date of the first charge. The daily interest rate on the total charges is therefore 11 pence." Then some crap about tax and surprise surprise a without prejudice sentence at the bottom of the letter. The wording on the court papers is as follows "The pursuer claims the Defender the sum of £511.50 with interest on that sum at a rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)" The charges are as stated £511 interest amounts to about another 200 quid. They have the spreadsheet. Is the wording of the claim wrong?????? The spreadsheet previously used is the one from the library. Can someone help I think they are trying to get me to back down but a bit of advice would be helpfull. Wanting to go the whole way!!! but thinking of taking it so I can start me next claim for £750 from them!!!
  6. Got my court date for the 29th January and they have submitted a defence on the return date of the 22nd January. Just before this CB offered me £512 with all the usuall terms and conditions but I have sent them a letter stating that I would only accept this as part payment and I would be persuing the remainder of the claim in full. We will just have to see what happens on Monday.
  7. Well the hearing date is now fast approaching and TSB have not submitted a defence like the should of on 22nd so I have now handed in my F11 form to the court and asked for decree minus previously paid plus expenses.......all will be reveiled on Tuesday.
  8. Thinking of sending this has anyone got any comments??? Lloyds TSB Bank PLC Andover Services Recovery Centre Charlton Place Andover Hampshire SP10 1RE Re: Account number xxxxxxxxxxx Response to settlement offer. Dear Julie Bruce Thank you for your letter dated 20th December 2007. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account. As you may be aware I have already started a small claims proceeding with Dundee Sheriff Court with a hearing date set for 29th January 2007. Due to this and further charges the total amount including costs for bringing the action along with judicial interest up to the date above is at present £843.68. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, this being a total of £216.68. I trust this clarifies my position. Yours faithfully xxxxxxxxx
  9. As the court papers have been lodged do I need to inform the court of what is going on??
  10. I have now taken TSB to court in scotland and this was done and issued to them on the 14th December. The hearing date is set for the 29th January. I have received a letter dated 20th December from the TSB and they said that they would pay £628 and this would be the final response. They have now paid the money into my bank. I have calculated and I think that there is another £200 quid that they are due me in interest and also the cost for taking them to court. Has anyone got any advice on this as I think I need to write them a letter saying this is not acceptable and I will be taking this as part payment and I will be persuing them for the rest. Do I tell the court and is the above the right way to do it???????
  11. I have now received a court date for my case 29th January. Due to the time for prelim letter and also lba should I now start the second approach for the remainder of the money???
  12. I have now received a court date for my case 29th January. Due to the time for prelim letter and also lba should I now start the second approach for the remainder of the money???
  13. Schedule was attached and the case is through a small claims in Scotland. Should be called in January with the dates set some time next week.
  14. I have lodged the claim yesterday for £711 + interest so will keep you all posted. I did not receive a reply to my LBA letter so just need to sit tight till some time in the new year.
  15. I visited the court yesterday and lodged that papers. I will be replying to the letter now saying sorry but I have lodged papers and will not be taking the cheque from them as full and final settlement. I intend waiting untill I have a date for the first amount in for £511 + interest then asking for the rest. Would this be the best way forward or should I wait for the case to be heard before asking for the remainder?
  16. What about ignoring it and going to court with the (prepared) papers today??? any thoughts
  17. Was about to go to court on Thursday/Friday when I got a letter saying that they still agree with their original letter and they have given me a £255.57 cheque as full and final settlement and encashment will mean I accept. I want to send a letter saying thanks but no thanks. Any advice and also could I take the cheque as part payment. Any help would be much appreciated.
  18. I was only going to court with the first half of my claim. I was just wanting to know if I need to wait on their response or just go ahead with the claim.
  19. Received a letter on Friday saying that they were reopening my case and they will get back to me in 4 weeks oh thanks. Do I need to wait or can I now take them to court??
  20. As I was preparing the claim forms from court I have noticed that the letter previously received that says this is there final response dated 2nd November. As can be seen above I did not receive the letter for some time latter. I therefore assume this is actually in response to the initial request. They are great so they are!!!! From this I can only wait untill today for their response to my LBA which they received on 6th November. Since there is no response court on Friday come ON!!!!
  21. Did you take the £940 as part payment and did you include that in your letter I am at the same stage and was looking for a pointer to include in letter.
  22. Just going to update you all on the progress and am asking for a bit of advice as well. Oct 25 received letter saying they will respond by Nov 16 Nov 11 received a list of account details with a goodwill gesture of £290 and my £10 cheque back saying this is full and final. Total charges £696.50 Nov 13 phoned and spoke with Colin Pugh. Agreed to refund all charges £696.50 then I asked about interest and he said to send letter claiming charges. Nov 16 received cheque for £290 and letter saying other cheque for £406.50 will be sent within next 10 days but this is also full and final settlement. Firstly do I cash the cheques and has anyone got a letter for asking for the interest back and not agreeing to full and final settlement ??? Any help gratefully appreciated.......
  23. Have made up the LBA and am going to deliver it to the bank on Thursday then wait for their fob off letter if I get one then of to court........
  24. Received the standard letter saying we are sorry you are unhappy with your account charges and then the standard waffle. Followed by this letter is the banks final response.........glad they think so. They could not even include the leaflet for a complaint to the financial ombudsman as stated in the letter. One question I would like cleared up.. my wife does not want to attend court when filling out the forms am I allowed to represent her..remember I am in Scotland.. and she has had additional charges can I include them in the court summons. If I can get these cleared up I will be visiting Dundee Sheriff Court on Friday.
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