SH v Barclays

[Sissel]

Do i have to reply to their offer letter of full and final settlement??

 

I kind of messed up a bit. I don't have access to a computer at home and i have been off sick for a week which is when i received their offer of £500 in full and final settlement. I am back at work now but the 14 day deadline is up tomorrow.

 

Should i send a letter today and give them another 7 days or should i just issue the money claim tomorrow???

[victimnomore]

My advice would be;

 

Send a combined LBA/Rejection of Offer letter.

 

Use the standard LBA, but replace the first sentence:

I am very disappointed that you have failed to respond to my letter of the xx/xx/xx.

with the first part of the rejection letter:

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, 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, with a County Court claim if necessary.

How does that sound?

[Sissel]

Thanks. I went into the bear garden chat room and was adviced that i can send them the rejection letter and still issue court claim on the same day as they have not really responded to my letter. I am sending the letter today recorded delivery and will issue the claim on Wednesday. Its not as if they don't know it is comming and they have had plenty opportunities to remedy the situation.

[bearo]

As long as you have sent them two letters requesting repayment you can proceed to MCOL, sent the rejection letter as well just to show willing to accept it as partial settlement!

[Sissel]

I issued my MCOL last Thursday. In the particulars of claim it states that i woudl send Barclays another copy of the schedule of charges. How do i go about it. Stupid question but do i send them a covering letter saying i have issued the claim and enclose a copy of the charges, which i have sent them in all my earlier correspondence with them. They know i have issued a claim as it was deemed to have been served yesterday.

 

Is there a template for this? Or can i just send them a copy of the schedule of charges?

[Welshman]

Send both the Bank and MCOL a copy of your schedule which includes the 8% interest. On the top of the one to MCOL, include the Claim Reference number they gave you and on top of the banks' copy put their reference from letters they sent you.

 

Enclose a covering letter asking each to put it in your file and say that you have sent a copy to the other party.

 

The MCOL letter should be sent for the attention of the The Court Manager at their Northampton address.

 

The banks' copy shold be sent to The Litigation and Disputes Team at Level 29 of their Churchill Place address.