Capp Vs Clydesdale Finance scottish charges reclaim

[Capp]

This is for a Jessops store card.

 

I have followed all the steps and used the letter templates so helpfully provided on this site and gotten to the point where I was about to fill out the moneyclaim form and move forward with that. It was at this point that I received what appears to be a pretty standard partial offer, half the amount I was claiming for etc etc.

 

I've searched the forums, but not had much luck finding how to handle this. The consensus is that you accept the offer but inform them that you will still be claiming for the remainder. I'm not sure how to go about this.

 

How do I ensure that if I use moneyclaim for the remainder that they will honour their offer and pay the half that they said they would? Should I write the letter accepting their offer but informing them I'm still going to claim, then wait for a response...or just go straight to money claim for the amount outstanding. Is there a template letter for this partial offer situation that I have some how managed to miss?

 

Any advice on how to proceed would be most appreciated.

[maddyrose1664]

Write to them accepting the offer in partial payment only and give them say 7 days to pay the remainder or you will begin court proceedings. If you refuse to accept their offer in full and final settlement they probably won't pay anything but check your account first just to be sure.

[Capp]

Many thanks. I shall be writing that letter today then.

[Treacle's Dad]

hi folks, can anyone shed any information on the D.P.A. intitial letter that i need to send to Clydesdale Financial Services to obtain my statements? where in the forum is it held? a bit confused-thanks T.D.

[Capp]

I have one more question about this partial offer situation. If I accept the parital offer as partial only and then start proceedings, I assume I claim for just the half that they still owe me. What do I do to ensure that they pay the other half. I would hate to find myself in the situation where I win but end up with less than the full amount.

 

So do I claim for the full amount whilst accepting the partial offer?

Or do I claim for the remainder left after the parital offer?

 

Treacles Dad - there is a template letter in the library section of the forum.

[maddyrose1664]

They will probably withdraw their offer of half if you refuse to take it in full and final settlement.

 

If you haven't sent the letter yet, say you'll give them 7 days to reimburse the full amount before you start court proceedings.

 

If you have sent it already, just give them a few days to respond then claim the full amount through the court. Amounts can always be changed up until the allocation questionnaire stage I believe.

[Capp]

Thanks for the help.

[Capp]

Time for an update and another question.

 

I sent a reply to Clydesdale saying that I would only accept their offer of half the amount as a partial settlement. Then last week I recieved a letter appologising and stating that there was no more they could do. So off to money claim I went to start filling out the forms.

 

On Thursday I was suprised to get yet another correspondence including a cheque for the amount they originally offered!

 

My question is this. If I pay the cheque in will I still be able to go for the other half? I'm assuming that my letter to them accepting it as a partial settlement only is enough to allow me to do this.

[buzby]

You didn't say whenther you lodged the claim, or whether you were still form-filling. If you are certain that the payment you received is not conditional (ie full and final settlement) there's no problem with you accepting this as a payment to account and modifying your original claim to reflect the reduction of amout due to you.

[Capp]

I'm still form filling. I sent a letter saying that I would accept it as a partial payment only and that I would pursue the balance, a reference to this letter (i.e. "with regards to your letter dated 11th August") was made in a subsequent correspondence they sent me apologising for not being able to help with my complaint. I then received the cheque after that letter (it would appear that their left hand doesn't know what the right is doing). I'm pretty sure that covers me for going after the rest.

[buzby]

Looks that way to me as well, especiall if no 'final settlement' clause was included. Keep us posted!

[Capp]

Another quick question for those more knowledgable than myself.

 

For my claim I want to claim interest. Having received payment for half the amount from Clydesdale, can I claim interest for the whole amount or just the remaining half? If its just for the remaining half should it be for the oldest of the charges or the newest?

[buzby]

If its just for the remaining half should it be for the oldest of the charges or the newest?

 

We're talking about the interest they've charged you in this transaction, or what you want to recover from them if successful? IMHO you have to be seen to be fair and reasonable, therefore if you declared a figure and they paid half to account, you cannot add additional interest until judgement is passed in your favour. So, if there was £50 that you're still pursuing them for, it STAYS at £50, and you note as part of the action you are also claiming costs and interest (usually 8% in Scotland). On a successful judgement, the court calculates the costs and interest at that time, you don't do anything.

[Capp]

Thanks, that makes sense. It was the 8% I was wondering about.

[Capp]

Ok then update and summary time. So the order of events is as follows.

 

*Sent out the data request.

*Got the details and totalled up all the charges for sending a letter. £405.

*Sent the letter requesting the charges be refunded.

*Received a standard replying denying any wrong doing.

*Sent the letter before Action.

*Received an offer for half the amount.

*Sent a letter accepting the offer as partial payment only.

*They declined paying anything.

*Then surprisingly receive a cheque for the partial amount which we then bank.

*Start money claim proceedings to get the remaining half back.

*They've just posted a defence. "The Defendant disputes the whole amount you have claimed."

 

Does anyone know what exactly it means when they dispute the whole amount? Are they doing this because they have already paid half? I'm just waiting for the documents to come through the post, and in the mean time starting to search the forum for the rather scary prospect of facing them in the small claims court (any links as to documents I should prerpare etc would be great).

 

Any advice would be helpful.

[buzby]

Did you modify the claim so that you acknowledged they had made a part payment? If you did - there's not a problem. If you kept the original amount as the claim and accespted their part-payment, I can see why they would be upset!

[Capp]

No, the claim was intiated after we received the part payment and only went after the remainder. The full amount was mentioned to ensure completeness, but definitely not claimed for.

[buzby]

In that case I don't see a problem as you're not claiming for something that isn't owed. Of course, they still may settle before you get to stand up in court....!

[Capp]

Time for an update and another query. So it was all going ahead as expected until this week. It would appear that Clydesdale have failed to file their AQ by the deadline of the 22nd November. I phoned the court yesterday and they haven't received it.

 

So what do I do now? Reading the forum it seems that a default judgement is not the way to go as they will just ask (and get) an aside (I think thats what its called). Is there anyway that I can use their failure to submit to my advantage to get the remaining money from them? Any advice on what my next step should be from those more knowledgeable than myself would be great.

 

Thanks.

[Capp]

I have just received a letter from the court that says the following;

 

"Upon reading the court file

 

IT IS ORDERED THAT

 

1. Upon the defence having been struck out the claimant be at liberty to enter judgement."

 

Erm....so what do I do now? I've done a quick search of the forum but there weren't any obvious links, so does anyone have any advice as to what this means and where it leaves me? What is my next step?

 

Any help would be very welcome.

[octron32]

in a nutshell youve won, you take the notice of issue (specified amount) you should have got back from the court, give it to the clerk, I worked out how much interest was owed, you can ask them to work it out for you. give it to them, you should get back in a couple of days an order for them to pay.

 

if it says forthwith you can apply for a warrant of execution then and there. I asked clydesdale when they were going to pay, they didnt answer so now have the bailiffs to get it. this costs 55.00 pound more but you just add it to the amount owed. the court will not tell you what to do, it is your decision. if you want to ask clydesdale when they are going to pay speak to this person

 

[email protected]

Legal Clerk

Litigation & Disputes

Tel: 0207116 4664

Fax: 01452 638430

 

if you want to quote any warrant numbers your aware of T0000865, this is my warrant number against them.

 

well done.

[buzby]

Was this in response to a non-appearance, or after the Return date and before the Hearing date? From what you've outlined, you just await the Decree in your favour, make a copy of it and send it by RD to the Defender, saying your action has been successful and formally call upon them to pay the amount due, plus the fees and costs shown on the decree. Give them 14 days to comply, and if you hear nothing, you can enforce the judgement with a Sheriff Officer or Bailiff (as appropriate).

[Capp]

Many thanks for the replies.

 

Buzby, it was in response to them failing to return their AQ by the deadline. No hearing date had yet been set.

 

So just to summarise...I should shortly receive a second letter from the court (the Decree in my favour), which I send a copy of to Clydesdale with my formal call upon them to pay the amount. After 14 days, if there is no reply, I then decide how to proceed with getting my money.

[buzby]

Fine - I would have been surprised if they did respond to an AQ. Just check with the court if they've filed a formal defence after the return date, and if not, you'll get judgement in your favour by default!