What should I do now

[bluenoseboy]

Ok, I've send the letter for my statements. Got them back and sent another one asking for the money they owe me (£2785). Barclays sent a letter making me an offer withoutliability and all that caper for £1000.

 

I've read through some of the topics and forums but I am unsure what to do now. Help!

[Jimbo44]

Accept the offer as a partial settlement, ask for the balance and if they don't want to play ball, take 'em to court in the way described in these pages.

 

To my mind, them offering something and you accepting it as a partial settlement looks god for the future.

[bluenoseboy]

Thanks Jimbo! Is there a standard letter or should I just write back accepting it as a partial settlement and ask for the balance?

[Jimbo44]

Thanks Jimbo! Is there a standard letter or should I just write back accepting it as a partial settlement and ask for the balance?

 

Sorry for the delay getting back to you - some foul, four letter word beginning in 'w' and ending in 'k'.... and with 'o' and 'r' in the middle!!!

 

Have a look in the Templates Library at this letter: 'Rejection of Settlement Letter'. Modify it where necessary and I think it will fit the bill for you.

[bluenoseboy]

I've written back accepting the partial payment but given them 7 days to get back otherwise see you in court. I'm not sure if I should've given them 14 days now though. Can anyone tell me?

[Jimbo44]

I've written back accepting the partial payment but given them 7 days to get back otherwise see you in court. I'm not sure if I should've given them 14 days now though. Can anyone tell me?

 

I think 14 is more the norm. I think it also shows you're really trying to give them an opportunity to settle without resorting to court. I think we all know from experience how slowly the wheels of big business revolve - unless it's you that owes them money, of course!!

[tamadus]

Ideally you should give them a total of 28 days before issuing a court claim as it shows the judge you have made attempts to settle without the court.

[bluenoseboy]

28 days from when? I've had one letter back saying here's £1000 as a gesture of goodwill and the second one says....sorry we cannot offer you a full refund but if you still want the partial offer, please sign and return the form

[Jimbo44]

28 days from when? I've had one letter back saying here's £1000 as a gesture of goodwill and the second one says....sorry we cannot offer you a full refund but if you still want the partial offer, please sign and return the form

 

In that case I think your 7 days is adequate

[bluenoseboy]

Do you think I can start my MCOL now then? IS that the next step after my LBA. I have read the FAQ but I want to be 100% sure

[Jimbo44]

Do you think I can start my MCOL now then? IS that the next step after my LBA. I have read the FAQ but I want to be 100% sure

 

Assuming you used the LBA letter in the Templates section, the answer is 'Yes'.

 

That letter says you'll begin a claim within a specified time:

 

"I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice."

 

So, having made the threat, you should now carry it out. Just make sure though that you have given the bank the time to repond fully that you stated in your LBA. Also, if you deleted the passages in red, then you shouldn't apply these to your claim.

[bluenoseboy]

From my limited knowledge, I think this is ok (below). This is what was in my letter

Thank you for your letter dated 11/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2785

 

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.

 

You have until 22/11/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

[claire78]

thats fine, you'll porbably have to issue, but that's the norm

[bluenoseboy]

What do you mean by issue?

[Jimbo44]

What do you mean by issue?

 

"Issue" the necessary summons etc in the County Court

[bluenoseboy]

MCOL? When I fill that in, what do I have to send off?