Lee vs NatWest ***WON***

[lee_obrien]

I'm gonna accept as partial payment and continue with the action.Shuld I mention in my reply to them that I've incurred £220 extra charges since satrting the action. Is there a template letter too. Ta.

[Michael Browne]

No template, something along thes lines:

 

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx and settlement offer of £XXX

 

I respectfully decline your offer of settlement and request, once again, that you

return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[lee_obrien]

What about the without prejudice part of their letter. Does that mean that I can't bring this letter and my reply to it to the courts attention, but if it goes to court they can? Is that fair?

[Michael Browne]

If I remember it says that if you decline the offer they will bring it to the attention of the judge etc. So you can save them the trouble by sending a copy of their letter and your reply to the court.

[lee_obrien]

I'll send the letter. Be nice to know about the 'without prejudice'.

[lee_obrien]

:!: I've just been looking through my paperwork and it appears I've got a discrepancy in the amount of interest I'm charging. One of the letters I've sent to Natwest has the right amount of £499, another has one for £479 which for some reason is £20 less. I looked at the court docs and the incorrect lower amount is what I've claimed for with them. Is this going to be a problem? Should I inform the court about a £20.00 mistake in favour of the defendant? I'd hate to mess this up at this stage. I will hold on sending the rejection of their offer until I get advice from you guys. Sorry to be a pest. :!:

[Michael Browne]

You can, of course, amend your claim........for £35 (unrecalimable)

[lee_obrien]

:!: It doesn't seem worth it for £20.00. Should I just leave it as it is ? What about in my rejection of their offer.....do I put the total as the same as the court amount (the amount I'm still persuing)?

[Michael Browne]

Yes.

[lee_obrien]

ta

[lee_obrien]

HELP ! Got a copy of the Cobbetts Allocation Questionnaire. They agree on all the points apart from in section 'G', additional information, they have put .....

Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further information which was due on 27th October 2006. In light of this, the Defendant may amend its defence or apply to strike out.

What do I do about this? Does this mean they will get it thrown out unless I respond to their CPR18 request (which I already have done, to the best of my ability)? Where do I stand. Now it's gone this far can I bring the 'without prejudice' offer letter to the courts attention as intimidatory tactics. Very confused at the mo. HELP. Ta...(this seems so stupid stretching this out for so long....especially when they're gonna get it all back when I pay off my RBS credit card with it.)

[lee_obrien]

:!: Any answers to the above thread? Still confused:!: :!:

[Michael Browne]

It's bluff. If they've ticked yes to small claims track on their AQ they know they're not entitled to further information unless the court requires it. Just sit tight.

[lee_obrien]

No news.....is no news good news....?

[lee_obrien]

Case Settled.

[Guest NATTIE]

Congratulations!!!!

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!