template letter for: Offer when court action is proceeding

[CJ&theBOS]

Sorry this is a double post but thought it would get more attention here? Also it might be an idea for a template letter to be drawn up for responding to partial offers during court action. (the one in the bank templates is for before court action).

 

Im not sure whether i need to amend my MCOL claim if i accept this partial claim as well?

 

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Hi folks, is this letter ok to send to HBOS saying i accept their part payment but it wont affect or stop my claim going through MCOL (ie through the courts)

 

Also should i send it to the below address (Rachel Hinchliffe at legal dept HBOS) or should i send it to the guy who sent a letter to me with the offer e.g. a Chris Hale, redress assessor customer relations from Dunfermline BOS branch!!!

Or should i send it to both??

 

 

Halifax Bank of Scotland Group

Ms Rachel Hinchliffe

Legal Services - Retail

Trinity Road, Halifax

West Yorkshire

HX1 2RG

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Sir/Madam

Thank you for your letter dated 16/10/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2341 (not including court costs and respective interest charges see enclosed documentation)

 

I will accept the sum offered only as part settlement and on the clear understanding that this will not affect my claim currently proceeding through the courts (via MCOL).

 

You can contact myself on the following number should you wish to come to an out-of-court settlement on this claim prior to this action being heared in the respective county court. ______________

 

 

I trust this clarifies my position.

 

yours sincerely

 

etc etc

[PhantomReclaimer]

Seems OK to me. To my mind, if they are offering part settlement then they are effectively admitting that they are going to loose and are trying to cut their losses. If it were me I would consider it too much hassle to accept the lower amount if Court action has already begun and you are goign to continue with it for the balance anyway.

 

P.

[CJ&theBOS]

hey thanks for replying

 

i sent it off to the legal services division at trinity road. As i have sent all my previous correspondence to them and it is their address on the MCOL form as well.

 

But i think they will be defending (see my thread) so i need to make sure i know my stuff when we get to court.

[PhantomReclaimer]

hey thanks for replying

 

i sent it off to the legal services division at trinity road. As i have sent all my previous correspondence to them and it is their address on the MCOL form as well.

 

But i think they will be defending (see my thread) so i need to make sure i know my stuff when we get to court.

 

They won't defend - Rachael will write to you a few days before they have to enter a defnce and tell you they aren't going to because it's too costly for them.

 

Total abuse of the Courts because it's pretty obvious they have no intention to defend from the outset. I'm on my second one with that bunch (Intelligent Finance) so I should be getting the same statdard form letter from Rachael again soon.

 

P.