Letter Sent

[Neo]

Please say you're not going for the smaller amount? If you are desperate for the money then fair do's, but this is ONLY my opinion... you never had the moeny two weeks ago.. and why would they be offering all that? Please decline and let them offer you the full amount...

[Spiceskull]

Decided to go for the £207

It's YOUR money - why should they have ANY of it?

[dave]

I have taken the offending entry in the survey out.

[cymro1170]

Please say you're not going for the smaller amount? If you are desperate for the money then fair do's, but this is ONLY my opinion... you never had the moeny two weeks ago.. and why would they be offering all that? Please decline and let them offer you the full amount...

 

Asked for advice yesterday regarding what to do next and only a couple of people replied.

 

Asked for £446 originally from Halifax, got letter yesterday offering £207 as a "goodwill gesture"

 

I'm not desperate for the money, but it's an offer

[Neo]

Asked for advice yesterday regarding what to do next and only a couple of people replied.

 

Asked for £446 originally from Halifax, got letter yesterday offering £207 as a "goodwill gesture"

 

I'm not desperate for the money, but it's an offer

 

Sorry, but a reply will come sooner or later... I think the general concensus is that it is YOUR decision, but there is also the view that we should decline offers and go for the full amounts.

 

If you lent £100 to a friend, and when you asked for it back he only gave you £50, would you accept it as full and final payment? Also, assume your friend you lent the money to is say, a millionaire.

 

Whatever decision you make is yours, but think about the summer and the extra spending money...

[sgt_bilko]

Hi Dude.

 

This is only my opinion, but I think you should hold out for the full amount. Show em you mean busines...

 

Flax owe me £3K they offered me a measley £700. (the exact same amount I owe on my overdraft.. so sneaky flax want me to take the bait!

 

Cymro. Hold in and go for it!

 

Good Luck Bro!

 

Peace Man

[cymro1170]

Sorry, but a reply will come sooner or later... I think the general concensus is that it is YOUR decision, but there is also the view that we should decline offers and go for the full amounts.

 

If you lent £100 to a friend, and when you asked for it back he only gave you £50, would you accept it as full and final payment? Also, assume your friend you lent the money to is say, a millionaire.

 

Whatever decision you make is yours, but think about the summer and the extra spending money...

 

What is the next step?

Have read the FAQ and posts but am still none the wiser.

 

 

 

Hi Dude.

 

This is only my opinion, but I think you should hold out for the full amount. Show em you mean busines...

 

Flax owe me £3K they offered me a measley £700. (the exact same amount I owe on my overdraft.. so sneaky flax want me to take the bait!

 

Cymro. Hold in and go for it!

 

Good Luck Bro!

 

Peace Man

 

Thank you

[Neo]

What is the next step?

Have read the FAQ and posts but am still none the wiser.

 

Yay! Thats the spirit. Ok I'm assuming you have only sent the Preliminary letter so far? Correct me if I am wrong.

 

What I did was to write a letter back, saying you will accept the offered amount as an interim payment, but you will still continue with your schedule for the full amount of xxxx as communicated previously. Remind them of their time limits, etc. I also added on to mine, that if it ends up in court, I will be claiming the total amount and costs and interest.

 

I hope that is ok, give them 5 days or something from this letter and then send the LBA as you have planned.

 

If you want a copy of my letter I wrote, then please ask...

 

[cymro1170]

Yay! Thats the spirit. Ok I'm assuming you have only sent the Preliminary letter so far? Correct me if I am wrong.

 

What I did was to write a letter back, saying you will accept the offered amount as an interim payment, but you will still continue with your schedule for the full amount of xxxx as communicated previously. Remind them of their time limits, etc. I also added on to mine, that if it ends up in court, I will be claiming the total amount and costs and interest.

 

I hope that is ok, give them 5 days or something from this letter and then send the LBA as you have planned.

 

If you want a copy of my letter I wrote, then please ask...

 

 

You are correct!

I sent a DPA first and then I've sent a Preliminary request letter.

Can you send me a copy of your letter please?

 

Many thanks for your advice and guidance - much appreciated

[Neo]

I will post here in the next 5 minutes...

[laura1clark]

I'm in the same position as yourself - I'm due £407 and have been offered £238. I sent the LBA but added a few sentences at the start stating that I'd accept the £238 but not as full or final settlement.

 

It would be nice if I get it by 8th May as I requested and I'll have some cash to take on holiday!

[Tinkerbelle]

Don't count on it!

[Neo]

Cyro1170. I hope this helps;

 

YOUR NAME

ADDRESS

ADDRESS

POST CODE

 

27 April 2006

 

BANK NAME

ADDRESS

ADDRESS

POST CODE

 

ACCOUNT NUMBER: XXXXXXXXXX

 

Dear

 

Thank you for your letter dated XX April 2006 and offer. Unfortunately, I do not accept your offer of £XXX as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested of £XXX.

 

Please be advised I still request the full amount as final settlement as requested in previous correspondence. If the full amount of £XXX is not offered in the next X days, then I will send a Letter Before Action giving a further 14 days to reflect before continuing with a claim in court.

 

I would draw to your attention that, should the case be brought to court, then I will be claiming the outstanding amount as stated above, plus costs, plus interest, so it would be in BANK NAMEs best interests to refund the requested monies via cheque or credit to my account.

 

Also, please let me know if and when the interim offer will be paid to me.

 

I trust you will respond to the above, and look forward to such a response.

 

Yours sincerely,

 

 

 

 

 

YOUR NAME

[cymro1170]

Cyro1170. I hope this helps;

 

YOUR NAME

ADDRESS

ADDRESS

POST CODE

 

27 April 2006

 

BANK NAME

ADDRESS

ADDRESS

POST CODE

 

ACCOUNT NUMBER: XXXXXXXXXX

Dear

 

Thank you for your letter dated XX April 2006 and offer. Unfortunately, I do not accept your offer of £XXX as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested of £XXX.

 

Please be advised I still request the full amount as final settlement as requested in previous correspondence. If the full amount of £XXX is not offered in the next X days, then I will send a Letter Before Action giving a further 14 days to reflect before continuing with a claim in court.

 

I would draw to your attention that, should the case be brought to court, then I will be claiming the outstanding amount as stated above, plus costs, plus interest, so it would be in BANK NAMEs best interests to refund the requested monies via cheque or credit to my account.

 

Also, please let me know if and when the interim offer will be paid to me.

 

I trust you will respond to the above, and look forward to such a response.

 

Yours sincerely,

 

 

 

 

 

YOUR NAME

 

Thank you very much !

[Neo]

Mods, is it worth an Interim Letter/Offer Letter Reply? Might be quite useful as there are a lot of questions about this and people could be kindly referred to the letter?

 

Just an idea

[cymro1170]

Please be advised I still request the full amount as final settlement as requested in previous correspondence. If the full amount of £XXX is not offered in the next X days, then I will send a Letter Before Action giving a further 14 days to reflect before continuing with a claim in court.

 

How many days would you give them?

And do I send this letter to my bank or the address at the top of the letter with the "goodwill gesture" amount? It's a PO Box in Leeds..

 

many thanks

[Neo]

How long is it since you sent your Prelim letter?

 

Basically you have to potentially show a judge (if it EVER got to court) that you had made all reasonable attempts to get the money back before court. 14 days is generally an acceptabel response time. Some people use 7 or 10 and it works.

 

What I would do is probably give 5 days, and if no satisfactory reply, send the LBA.... you are probably been leniant here, but hey there's no rush.

 

[cymro1170]

How long is it since you sent your Prelim letter?

 

Basically you have to potentially show a judge (if it EVER got to court) that you had made all reasonable attempts to get the money back before court. 14 days is generally an acceptabel response time. Some people use 7 or 10 and it works.

 

What I would do is probably 5 days, and if no ssatisfactory reply, send the LBA.... you are probably been leniant here, but hey there's no rush.

 

 

I sent the DPA on the 16/3/2006 and the Prelim letter on 3/4/2006

 

I no longer use the Halifax to do my banking , and have opened an account with RBoS recently.

[Neo]

They took their time replying, you should really be on the LBA now...

 

Right, I think the best option here is to disregard my previous letter... and put the interim offer paragraph into the LBA.... Can you wait an hour or so and I'll put a copy of a letter up I have which fits perfectly?

 

No point giving them four 5 more days is there!?

[cymro1170]

They took their time replying, you should really be on the LBA now...

 

Right, I think the best option here is to disregard my previous letter... and put the interim offer paragraph into the LBA.... Can you wait an hour or so and I'll put a copy of a letter up I have which fits perfectly?

 

No point giving them four 5 more days is there!?

 

 

I'll still be around in an hour - thanks

[cymro1170]

Maybe I should give them all the opportunities to pay the full amount before issuing a court claim?

[Neo]

Its up to you, but if we send the LBA with 14 days to reflect but put a paragraph saying that you accept interim payment...

[cymro1170]

Its up to you, but if we send the LBA with 14 days to reflect but put a paragraph saying that you accept interim payment...

 

oh right. I see what you mean now

It's all a bit confusing and daunting for me - or I'm just a wimp

[Neo]

It can be quite daunting at first, but get reading round the forum and things will start to become less daunting when you fully understand the process.

 

Here is the letter I suggest you send to them. This will be 'your' modified Letter Before Action.

 

 

 

YOUR NAME

ADDRESS

ADDRESS

POST CODE

 

27 April 2006

 

BANK NAME

ADDRESS

ADDRESS

POST CODE

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

Thank you for your letter and offer dated XX APRIL 2006. Unfortunately, I do not accept your offer of £XXX as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested of £XXX.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

I require repayment in full of this money. I would draw to your attention that, should the case be brought to court, then I will be claiming the outstanding amount as stated above, plus costs, plus interest, so it would be in BANK NAMEs best interests to refund the requested monies via cheque or credit to my account.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours sincerely,

 

 

 

 

YOUR NAME

[cymro1170]

It can be quite daunting at first, but get reading round the forum and things will start to become less daunting when you fully understand the process.

 

Here is the letter I suggest you send to them. This will be 'your' modified Letter Before Action.

 

 

 

YOUR NAME

ADDRESS

ADDRESS

POST CODE

 

27 April 2006

 

BANK NAME

ADDRESS

ADDRESS

POST CODE

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

Thank you for your letter and offer dated XX APRIL 2006. Unfortunately, I do not accept your offer of £XXX as a full and final settlement, but will in this instance accept this amount as an interim payment, against the full amount requested of £XXX.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

I require repayment in full of this money. I would draw to your attention that, should the case be brought to court, then I will be claiming the outstanding amount as stated above, plus costs, plus interest, so it would be in BANK NAMEs best interests to refund the requested monies via cheque or credit to my account.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours sincerely,

 

 

 

 

YOUR NAME

 

Thanks for this letter.

I'm not sure if I follow all the points in it, but I'm sure they will hopefully