maxine989 v NatWest ***WON***

[maxine989]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

None of the relevant letters discuss kepping the cheque as a part payment and refusing the terms... so I could use one of jonny's letters as a draft and edit it accordingly, adding the bits that I need... which is no problem...

 

My problem is... should or shouldn't I accept the cheque as a part payment being as I am at this very last stage... just before Allocation?

 

I think I will read up on some other threads to see if anyone has gone to this stage and had the same or simliar dilema.

 

[muggins73]

Hi maxine,

IMHO it seems to me that Natwest have sent you a cheque believing that you'll accept the offer they have made. Normally, and especially prior to the AQ stage, they send you an offer and only after accepting it do they then fwd payment.

Stick to your guns girl, I would, respectfully decline the offer and ask them to refund the full amount of your claim.

[Parkvale]

maxine had a look around for you. Found this not quite the same as your predicament, but similiar.

http://www.consumeractiongroup.co.uk/forum/natwest-bank/69288-have-i-done-wrong.html

Especially read what Gizmo has to say on no11 posting

[maxine989]

Thanks... very useful. Ii will draft up a letter and return the cheque they have sent me.

 

[Parkvale]

maxine,

Hard and confusing decision with a cheque sat in your hand. For what it is worth i am sure you have made the right decision.

[GaryH]

Yes, if your not accepting the offer then don't cash the cheque - the cashing of the cheque is in itself an implied acceptance of the terms attached to the offer.

 

Send it back with 'CANCELLED' across the middle with a polite thanks but no thanks.

[maxine989]

All done...

 

Letter witten...

 

Cheque attatched...

 

All ready to send back to Cobbetts tomorrow along with the other documents I have to serve: The General Form of Order, amended Particlulars etc... Will be sending 1st class recorded in the morning.

 

Thanks for your help and support guys and gals.

[maxine989]

Received response from Cobbetts today with the same cheque I returned to them:

 

We refer to the above matter and to your letter dated 8 March 2007.

 

Subject to our client's position in our letter of 7 March 2007, as a gesture of goodwill and strictly on the basis that our client denies any liability to you, our client again provides a goodwill payment of £1864.03. Please find enclosed a settlement cheque for the sum of £****.00. We reiterate the point in our letter 7 march 2007 that the payment does not include an amount for contractual interest as you cannot claim tow sets of interest and further more our client contends that you are not entitles to claim interest at the contractual rate in any event.

 

Our client views this matter as concluded and awaits a Notice of Discontinuance. If you fail to provide us with a completed Notice of Discontinuance we will write to the court seeking an order that the remainder of the claim be dismissed. Furthermore we reserve the right to refer to this letter on the issue of costs. We now await receipt of the completed Notice of Discontinuance.

 

Yours faithfully

 

Cobbetts

 

So today I will begin to draft up my response and return the cheque yet again.

 

In the letter they suggest I am trying to claim two sets of interest, which I am not. I am cliaming one contractual compounded interest rate and NO overdraft interest. I have said in my particulars what interst rate I am claiming and only mention the 8% as an alternative if the judge sees fit.... SO I don't know why they have said that! It seems like they are using a standard letter that they have not properly edited accordingly.

 

Right then... I am off to start writing my letter.... any suggestions or handy phrases are welcome

 

Maxine

[livelylad]

Maxine just a quick question have they offered the full amount including court costs and standard 7% interest?

[maxine989]

Hi Livelylad

 

Yes... they have offered full charges plus 8%... and I am well aware of the argument of accepting this offer, due to the unstable ground of a claim going to court for just the contractual amount.

 

However, my view is that I began the claim for an amount that included contractual interest and so I will continue my claim to the end for the amount I originally claimed.

 

I have had a similar situation with some of my other claims and have always stuck to my guns. I have won two other claims with the contractual amount and am prepared to go the whole hog in court if I have to.

 

I am just draftin up the rejection letter now. I know it is risky to turn down this offer... but they wouldn't be pressing me to accept it if they thought I didn't have a chance of winning the full amount I have claimed for.

 

Maxine

[Parkvale]

maxine.

You are very brave and i wish you all the luck in the world. You are true pioneer.

[maxine989]

maxine.

You are very brave and i wish you all the luck in the world. You are true pioneer.

 

[doo]

Maxine, good luck, onward and upward...... you seem to know exactly what you doing, I will keep watching and learning;)

[muggins73]

Hi Livelylad

 

Yes... they have offered full charges plus 8%... and I am well aware of the argument of accepting this offer, due to the unstable ground of a claim going to court for just the contractual amount.

 

However, my view is that I began the claim for an amount that included contractual interest and so I will continue my claim to the end for the amount I originally claimed.

 

I have had a similar situation with some of my other claims and have always stuck to my guns. I have won two other claims with the contractual amount and am prepared to go the whole hog in court if I have to.

 

I am just draftin up the rejection letter now. I know it is risky to turn down this offer... but they wouldn't be pressing me to accept it if they thought I didn't have a chance of winning the full amount I have claimed for.

 

Maxine

 

It's that fighting spirit again....love it:D

 

Keep up the good work.

[thereshope!]

Hi hun.

 

FWIW I think you are doing the right thing and I am right behind you on this.

 

As you said the claim has been for charges and contractual from day 1.

 

You will win. No question !!!

 

I will be in your shoes in a few weeks I expect !

 

Bring it on bring it on !!!

 

Hope xx

[maxine989]

This is the rejection letter I sent:

 

Re: County Court Claim Number: ********

 

Response to 2nd Settlement Offer

 

 

Dear Sir/Madam

 

Thank you for your letter dated **/03/07.

 

Again I respectfully decline your offer of £*,***.00 as settlement of my claim and have included the cheque you supplied in respect of that offer. I wish to stress that I do not accept your offer as Full and Final settlement.

 

In your letter dated 13th March 2007, you reiterate the point that ‘the payment does not include an amount for contractual interest as you cannot claim two sets of interest’. I wish to point out the following:

 

I have not attempted to claim two sets of interest, only one compounded contractual interest of 29.69%. In my particulars of claim you will see if you take the time to look that I have claimed:

 

Quote from POC:

‘5.Accordingly the Claimant claims:

 

*the return of the amounts debited in respect of charges in the sum of

*£*,***.00

*Court costs;

*nterest at the unauthorized contractual rate of 29.69% AER, from the date of each transaction to 9/02/2007, which is £*,***.00, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £*,***.00, at the same rate up to the date of judgment or earlier payment, at a daily rate of .

 

The Claimant believes this rate to be justified under the implied principle of mutuality and reciprocity, and is based on the Defendants interest rate that would be applied under the terms of the above-mentioned account’.

 

I have stated that I will accept the 8% in the alternative if the judge finds the contractual amount not applicable. Again, I will stress that I have not attempted to claim both rates. I am prepared to argue my case before a judge. I believe that the defendant owed me a duty of care in the form of a fiduciary duty not to gain extra profit and by way of ‘fiduciary impropriety’ and that by adding interest to the unlawfully levied charges, the Defendant breached that duty of care and made ‘profit by wrongdoing’ from that breach at my expense forming an ‘unjust enrichment’.

 

Additionally you have stated in your letter that you will ‘seek an order that the remainder of the claim be dismissed’. Again, may I ask you to look more closely at my previous correspondence dated 8th March where I have served you with papers, including a General Form of Order, already approved by the district Judge on the 23rd February 2007.

 

My claim is currently for £*,***.00 (interest increasing daily at approx £*.**p) as outlined in my Particulars of Claim, plus court costs of £120.00, plus AQ fee of £100.00, and this court claim will continue until payment is made in full. Total claim now stands at £****.00.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim £****.00 without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

Yours faithfully

 

maxine989

 

 

I've had no response as yet.

 

Keep on keeping on!!!

[MrBump]

Great letter ... they'll buckle. Keep up the good work.

[fendyweather]

Crikey you are brave. I think I am quite, but I must admit I would have been sorely tempted to take the charges plus 8% stat. I really would. Well done. You seem to have oodles of confidence on this one. Best of Luck to you. As Parkvale keeps saying to me. Fortune favours the brave and you certainly are lady. Well done. Fendy xxx

[maxine989]

Thanks guys but save the 'well done' until I win ha ha!!!...

 

Lets hope that fortune does favour the brave.

 

My way of thinking is that I only have one chance to do this. You wouldn't believe the stress we (as in me and my family) have had to put up with where banks have screwed us over when we were short of dollar... snowballing charges that made us unable to pay the following months bills...

 

I studied to be a teacher for 4 years and during that time the banks certainly didn't make life any easier. I was trying to bring up my kids at the same time as study. I ended up in a right financial mess, having to take loans to pay off snowballing charges and get myself straight.

 

Anyway... I am determined to get what I can back. It's not greed... just payback!!

 

:lol:

[Josamolly]

Same stage as me Maxine by the looks of things.. AQ went in on Friday, NW have missed the deadline so i am just awiting a court date and further instructions from the judge... good luck

 

Jos

[maxine989]

Same stage as me Maxine by the looks of things.. AQ went in on Friday, NW have missed the deadline so i am just awiting a court date and further instructions from the judge... good luck

 

Jos

 

Hey, Jos... thanks for stopping by.

 

It's such a waiting game isn't it? It seems to be taking the judge forever to set dates these days. Maybe the courts are snowed under and so it has slowed the system down a little bit.

 

Let's hope we get some dates through soon so we can get ready for the big day and hope for a settlement in the meantime.

 

[maxine989]

The postman has just been... nothing exciting... boo hoo!!

 

It's terrible... I get so excited when the post arrives... What challenges await me today???? lol

 

I am still house bound because of my bad back (slipped disc)... so there's no harm in keeping myself busy and up to date with the bank claims, it keeps me busy!

 

Standing at the keyboard typing is the most comfortable position... I can't sit and walking is VERY slow... what a palaver eh!!

 

Come on the court... I want a court date...

Come on Natwest... I want a response to my letter...

Come on the rest of the banks...

Come on... lets get it sorted!

 

Impatient?... me?... Never! lol

 

[Josamolly]

Hey, Jos... thanks for stopping by.

 

It's such a waiting game isn't it? It seems to be taking the judge forever to set dates these days. Maybe the courts are snowed under and so it has slowed the system down a little bit.

 

Let's hope we get some dates through soon so we can get ready for the big day and hope for a settlement in the meantime.

 

 

I'm quite happy Maxine, have all the time in the world now.. no more bluff and brinkmanship anymore.. it will either be..

 

Judge strikes out the defence.. ( lets hope so)

Judge strikes out my claim ( i would be most surprised)

A court date arrives ( more than likely)

Cobbets send round the naked dancing girls with my cheque (dream on!!)

 

So what are the odds on each of those..LOL

[maxine989]

Judge strikes out the defence.. ( lets hope so)

Judge strikes out my claim ( i would be most surprised)

A court date arrives ( more than likely)

Cobbets send round the naked dancing girls with my cheque (dream on!!)

 

:lol:

 

If Cobbets do send round the naked dancing girls with your cheque... let me know. I am sure my other half would be happy to witness that!

[Parkvale]

They are taking a big risk throwing themselves at the mercy of the courts. I feel they have played their final hand. Even if you receive a court date you have them on the back foot. Their offers were all they had left in their arsenals. They are fast running out of ammunition. The game is nearly up for them.