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[nagumos]

Hi just got a letter from Cobbetts saying that they are refering to another letter that I was apparently meant to receive last month ! hummm

Anyway it says that "you issused your claim on the 7th September 2006, and you are therefore only legally entitled to claim between the periods 7 September 2000 to 7 September 2006. As such, the first five entries are irrecoverable"

What are these people on? I issued my claim in June, I have a court date for the 15th March !!

But as a "Goodwill gesture we offer you x amount, this goodwill payment will be full and final settlement of your claim. hahaha joke right ?

I dont understand where they are getting these September dates from, do I just send a letter saying thanks but no thanks and suggest that they get there dates up to speed??

Any advice would be fab:?

[Michael Browne]

What they're saying is that the 6 years under the Limitations Act applies from when you filed at court. It's rubbish, tyhey're just trying to save their client some money. Send them this:

 

Thank you for your letter dated xxth xxxxxx 2006.

 

I first contacted your client regarding their unlawful charges on (date) and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitation Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth xxxxxx 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

[nagumos]

Michael, you are fantastic !!

I will post that letter in the morning, they are so devious, its beyond words. Obviously they are giving this "goodwill gesture" just before christmas-how conveinient for them, they must think we are fools.

Anyway thankyou so much (again) and I will keepo you posted....

Valdarih x:)