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[pacmanman]

It's telling me it has to be an english address when I try to enter it into the moneyclaim form online though?

 

I did get a response from tesco bank and they gave me a newcastle address but said it would be forwarded to the scotland one so I am wondering if thats ok or I should definitely make sure its the scotland one?

[DragonFly1967]

Is this the one?

 

Tesco Bank

Q8 Building

Quorum Business Park

Longbenton

Newcastle upon Tyne

NE12 8BU

 

If so, that'll do as even the "customer service centre" is part of the TB group. Once you issue a claim, expect someone at Tesco to sit up and take notice fairly quickly. As I said, I doubt that they'll want to throw any money at this so will probably just settle.

 

Settling for the £600 will mean that you lose your £25 or whatever it is for issuing the claim, but you'll only be £25 down and not £600!

[dx100uk]

https://www.cqc.org.uk/location/1-2452844949/contact

[stu007]

This Companies House Link: https://beta.companieshouse.gov.uk/company/00445790

 

Confirms the above post is correct as it is Tesco Plc Registered Office Address and you also have there company number

[pacmanman]

Thanks everyone for the help. I have done it and will update with how it goes.

[pacmanman]

Tesco have responded intending to defend the claim so have 28 days to file their defence.

Edited March 5, 2018 by pacmanman

[pacmanman]

Received settlement letter from Tesco today. So getting the full amount back. So only down the small claims fee of £60.

 

Thanks for everyones help. Glad its finally over and I got it back.

[BazzaS]

Tell them as you had to issue the court claim, and they could have settled before, that you want the £60 claim fee back too, or the case proceeeds.......

Edited March 17, 2018 by dx100uk
quote

[pacmanman]

They've written that my claim is without merit but are mindful of civil procedure rules which obliges parties to try and resolve where possible.

 

They've also written "This offer is made on a commercial basis with no admission of liability......If you do not accept this settlement offer we reserve the right to bring the contents of this letter to the attention of the court on the issue of costs. In the unlikely event that you succeed at trial but fail to be awarded more than this offer then we intend to seek an order requiring you to pay the Bank's costs, together with interest on those costs.

 

I thought that if you go by small claims that they can't claim for costs? Is this an empty threat?

 

They also wrote that the settlement will be subject to a Tomlin order to be agreed between the parties.

 

I have no idea what a Tomlin order is.

 

Not sure if it is worth pursuing the £60 but would be interested to hear perspective on this.

 

Thank you

Edited March 17, 2018 by dx100uk
quote

[BazzaS]

They CAN ask for costs if they win. It is very unlikely they'd get them as:

 

a) you have to behave entirely unreasonably to have costs awarded against you in the small claims track, and you haven't

 

b) even then, costs are at the court's discretion, and if they've offered you the settlement sum (even without admitting liability), and that was what they could have offered you and what you were asking for prior to issuing the claim : you'd have settled if they'd done so, so to seek costs is unreasonable,

 

c) as this is the small claims track they can't use a Part 36 offer (as they can't do it, I wouldn't worry too much about it) but they are trying to add pressure as if they were making a part 36 offer, even though they know it is a bluff.

 

A Tomlin order is also known as a consent order. It means the case gets stayed as long as the parties stick to the agreement. That way it doesn't ever get to trial, so expect them to ask for a confidentiality clause (whereas if it goes to trial the facts and verdict become a matter of public record........)

Edited March 17, 2018 by dx100uk
quote

[DragonFly1967]

For £600 they'll probably just settle it without a fight to be honest, it would cost them more to defend than the claim is worth.

 

I wonder if I can do the same with tonight's Lottery numbers

 

 

To be perfectly honest, if all you've lost is £60, that's a hell of a lot better than £600. I'm not sure that it's worth the bother of continuing. Don't get me wrong, I think you'd probably win, but is it worth the trouble?

[pacmanman]

Thanks for the insight.

 

I have decided to accept. It has been nearly a year now dragging this out so I will just go with it. I think I would have pushed for the 60 when I was younger..but I consider this a win without having to push for it.

 

Thanks agian everyone - very much appreciated the responses and insight. I will know how to handle this and hopefully more swiftly if anything like this ever happens again.