Urgent help req at Settlement stage

[chillimayhem]

Hi

 

I've got as far as receiving my allocation questionairre but having a bit a trouble as to what to exactly to put in section G - Other information:idea: I'm claiming £1274 in charges altogether, but I've looked all over the site and can't find exactly what I need, can anyone help?

[pjdudley69]

Hiya Chilli. Have you checked out the thread in the templates library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

All I put in the Other Info section was a note that I'd enclosed a breakdown of my charges, but I only put it in because I hadn't sent a breakdown at any other point. You may not need to put anything in there at all, if it doesn't apply

[geofflit]

I asked the same question and was sent this

 

"The charges imposed are not charges for providing services under the contract; they are charges imposed because I, the customer, had breached the terms of that contract. Under contract law, when either party to a contract breaks a term of the contract, the other party is entitled to recover damages for this breach. The bank are entitled to sue the other party in the courts to recover the damages. As this wouldn't be very sensible for every minor breach of a contract, the law allows parties to a contract to agree in advance what damages would be payable if either party breaks a term of the contract. If the sum payable appears to the courts to be a genuine pre-estimate of the damages that are likely to be incurred, the courts will accept that this sum is liquidated damages and the offending party will be obliged to pay them. However, if the sum specified in the contract is not a genuine pre-estimate of the loss that will be incurred, but is excessive the courts will call this a penalty and will not enforce it. Therefore in the case of financial institutions and their customers, the charges made by them because the customer has breached the contract by (bounced cheque, going over the o/d etc) should not exceed the damages that the bank has suffered. If the sum payable is excessive, it will become a penalty and will be unenforceable by the courts."

 

It's a bit legalese but there'se enough there to pick a sensible answer. Also why not make the point that, if these charges are for services rendered then why doesn't the bank provide a breakdown of them when asked?

[chillimayhem]

Thanks very much, I think I can use both of these because I haven't provided a breakdown of charges yet(although YB have agreed with this amount in correspondence).

 

That's great ta.

 

Ps I work for a bank!

[chillimayhem]

Sorry about this need some help.

I have submitted my claim through moneyclaim and after both completing the AQ, the judge has given us time to settle out of court(as YB requested). The deadline was yesterday, however so far I have only received one parital offer from them, however this was dated 25/9. (Been on holiday so only received on my return two days ago) What do I do as the deadline has passed?

 

Do I write to them to reject?

 

Or wait to see if they come back with a better offer?

 

Thanks in advance folks.

[chillimayhem]

I have claimed through Money Claim for £1472 in charges, the judge has gave YB 28 days to reach settlement as they requested, out of court.

 

Right, here's the snag. YB had until 2nd October to reach settlement and we had until 16th October to notify court of the outcome.

 

I received an offer from YB on the 30th September (dated 25th September) for 1170 which i found acceptable, which I needed to return and they would notify the courts.

 

I returned this on the 2nd October(was away that weekend so could not have done sooner) saying I accept. Now tomorrow is the deadline date and I have received no cheque of further contact from YB, do I need to speak to the courts. I can't help think they are trying to pull a fast one again.

 

Thanks in advance.

[Robertxc]

I think that until such times as you have cleared funds in your possession you should continue with your action. if the hearing date arrives before you get paid all you need to say to the judge is that you're expecting to settle the matter and you'd like to to adjourn (if that's the correct term in England) the case for a week or two so that YB can pay you. this happens all the time and is perfectly normal. However, if they've offered to settle, I would expect them to do it before the hearing date to save themselves the cost of the hearing.

[chillimayhem]

Thanks very much, I rang the courts they have advised it will just go back to the judge if I don't do anything further unless I want to pay £35 to extend the stay (which would be playing into YB's hands as they love to stall on these things).

 

So that's what I'll do, nothing for now. It's in YB's hands.

[caro]

Threads merged.