Offer of settlement in full - but no interest!

[formula6]

Hi chaps

 

Got a settlement letter today from Natwest and attached was a cheque for the full amount claimed but NO interest.

 

Does anyone know if I should be getting back my interest claimed? I know that if it actually went to the court hearing and won - I would get it. But shouldnt Natwest be offering this too?

 

Should I write back and say that I will only accept the full refund plus interest? or should I be grateful without it?

 

I was sort of banking on the interest too - what do I do?

 

Thank for any replies

[sycostill]

are you at the court stage? you can only claim interest once you have filed your court claim.

 

if you have then simply write back saying you will accept the cheque as partial settlement as the interest pursuant to s8 (i think?! - check!) of the county courts act (i think!?) at 8% totalling xxx.xx is still outstanding. the claim will continue until this has been paid, is your court costs included!?

 

hope this helps

[Guest ian cognito]

Your post doesn't make it clear whether you have submitted a claim to the court, if so you would be entitled to claim back your court costs and statutory interest, if not then you are only entitled to what was in your LBA, you also don't say whether your claim included contractual interest, if it did you would be entitled to that whether you've submitted a claim or not.

[formula6]

Sorry guys

 

The court date is set for Jan. Ive had various offers (all refused) the figure they want to repay now me is just the total of my charges, not including court costs or interest.

 

So what your saying is then that I can actually get the interest off them, just by writing to them asking for that back?

 

Is there a template for this? Not sure what contractual interest is!

 

Cheers

[Guest ian cognito]

OK if you've not already claimed contractual interest, forget that one.

 

I suggest you use this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html and adapt it to include that they had sufficient time to settle and prior notice of submission of your court claim and so are now seeking your costs and the statutory interest as notified. If you do not receive a revised offer for the full amount detailed in your claim, you will continue with the claim.

[formula6]

Thanks janquinny!

 

So do you think this is ok?

 

Dear Sirs

Thank you for your letter dated 0th December 2006

 

I will accept the cheque sent to me as partial settlement, as the interest pursuant to s8 of the county courts act at 8% totalling £000.00 (includes daily rate to 6th December 06), and court costs of £120.00 is still outstanding. The claim will continue until this has been paid.

The defendant has had sufficient time to settle, and prior notice of submission of my court claim. Subsequently I am now seeking my costs in full and the statutory interest as already notified.

I trust this clarifies my position.

 

 

Yours faithfully

[Guest ian cognito]

Dear Sirs

Thank you for your letter dated 0th December 2006

 

I will accept the cheque sent to me as partial settlement, as the interest pursuant to s8 of the county courts act at 8% totalling £000.00 (includes daily rate to 6th December 06), and court costs of £120.00 are still outstanding, the claim will continue until these have been paid.

 

The defendant has had sufficient time to settle, and prior notice of submission of my court claim. Subsequently I am now seeking my costs in full and the statutory interest as previously notified.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Amended a little, hope you don't mind!, looks fine to me.

[formula6]

Excellent! thanks for that, I'll send it tomorrow. Looks like I will have 2 success stories on her very shortly!

[innocent]

Perhaps this is Natwest's next method: offer full payment without the interest....

 

(Just like cobblers to get it wrong though )

 

EXCELLENT LETTER.... luv it!!!

 

 

As matter of interest (forgive the 'pun') were u claiming hundreds or thousands?? And have u completed ur aq yet???

 

Rgds

 

Innocent

[formula6]

Hi Innocent

 

Yeh I'm right past that stage (my signature covers it all up to a point, including how much I'm claiming), basically got 2 court dates (personal account & business) one in a week or so and the other in Jan.

 

This is the final bit, as I said - Ive got a cheque today to avoid court but it didnt include any interest or court costs.

 

Hopefully this will be sorted by next week:D

[innocent]

Thanks for ur reply

 

(Could not find your signature last night and today one hit of the down key and there it is.... hmmm... must get some more of that red wine )

 

Anyway.... keep us all informed

 

Cheers

 

Innocent

[formula6]

I dont believe this !!

 

I think Natwest have made a BIG mistake, I cant believe how incompetent they are. I have 2 court dates (2 seperate claims) one THIS FRIDAY and the other in Jan.

 

Well they have been in a big hurry to try and settle the one for friday (still waiting for my interest and court costs to arrive - hopefully tomorrow), but this is actually for the claim that the hearing in JAN is for!! They think that this will all be over but its for the WRONG account!! So it looks like I will be going to the court on Friday - and they wont be there!! HA HA!!

 

Cant wait!

[Godders]

Probably neither here nor there now as the letter has been sent but for future reference it's section 69 of the County Courts Act 1984.

 

I shouldn't think it will make any difference to your claim, it's just a typo.

[formula6]

??? Not with you Godders.

[Godders]

The letter you posted above on 6/12 states s.8 of The County Courts Act 1984 with regard to claiming interest at 8%.

 

The relevant section of the Act is 69.

 

And this is really pedantic of me but when you refer to an act of law it should be all capitalised and should state the year it was passed.

 

These aren't 'deal breakers' though, good luck with your claim.