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tips or templates for putting a settlement proposal to defendant-bank


keepgettingstronger
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hi there. i would be grateful if anyone could reply with any templates for putting a reasonable and fair proposal of settlement from claimant before court action against a bank/the defendant and tips/etiquette for dealing with them at this stage? some experience shared, would be very grateful. thanks.

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Hi Keep

 

I would make it a without prejudice letter, letters aren't my strong point, you can amend the following, hopefully the other guys will advise:-

 

I refer to the above matter.

 

The claim is for xxxxxx as indicated in my Particulars of Claim.

 

However, I am mindful and respectful of the Courts expectancy that both parties seek to engage in dialogue to resolve issues mutually to save further costs and valuable Court time and costs to both sides.

 

With this in mind, I offer the following proposals;

 

1.That you agree to pay xxxxxxx in full and final settlement of my claim.

 

2.That this offer is acknowledged and notified as accepted to me in writing in 14 days.

 

3.That payment is actioned and sent to me within a further 7 days of your acceptance.

 

4.That payment is sent to me by way of cheque, made payable to me, or else credited to my account subject to me being able to access and appropriate the whole amount of xxxxxxx as I request.

 

5.On acknowledgement of cleared funds I will notify the Court of my Discontinuance.

 

6.That I reserve the rights to make available details of this offer to the Court, should you fail to agree.

 

It is my contention, that the offer represents a substantial discount of my claim value, and demonstrates a serious willingness to settle.

 

Please respond as advised.

 

Yours sincerely

 

 

 

 

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