Jump to content


Rejection Letter After Starting Court Proceedings


chrid25
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5462 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys

 

I'm hoping to get some advise here. I've recently received a letter from Cobbetts (NatWest solicitors) offering me £750 as long as I withdraw my claim from the court. From reading other threads I know that I should reject this offer but should advise that I am willing to accept it as partial payment.

 

My question is do I use the same "Rejection of Settlement Letter"? This letter refers to the points "that I will pursue recovery of the remainder, with a County Court claim if necessary" and also "that you have until xx/xx/xx to respond before Court action commences." As I have already started court proceedings is there a different letter that I should be using? I just don't want to miss anything.

 

Any advise would be appreciated.

 

Many Thanks:confused:

Link to post
Share on other sites

Send them this one.

 

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 confidentiality 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

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Thanks deller1 for your advice, I have one quick question though. Cobbetts letter didn't refer to the Limitations Act 1980 do I still need to include that bit, or is that referring to the 6 year time limit that we are allowed to claim within?

 

Cheers

Link to post
Share on other sites

Yes you can omit that part, I used it as they were trying to disregard my first few claims.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Hi I've just realised that my POC below stated a daily rate of £0.82 but the letter I am about to send says £0.63. I originally sourced the POC text from another thread. Did I calculate this wrongly and is it the same calculation used in the spreadsheet? Which one should I use, I wouldn't want Cobbetts to use this as a technicality issue!!

 

The Claimant has had an account ?956070? with the Defendant since 2001 conducted on their standard terms and conditions and is seeking the return of money taken by the Defendant in the way of charges over the last 6 years.

The Defendant's charges are a disproportionate penalty and therefore unenforceable under the Unfair Contracts Terms Act 1977 S.4, the Unfair Terms in Consumer Contracts Regulations 1999 Para.8 and Sch.2(1)(e), and at common law.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The Defendant has repeatedly declined requests to justify these charges.

The Claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/09/01 to 31/03/06 of £245.11 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.82= £1,094.00 x 0.00022.

Link to post
Share on other sites

If you're sending deller's letter as above just put in the correct daily rate (no explantion)

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 £0.24p now total £xxxx as of 10th December 2006

 

 

 

Link to post
Share on other sites

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.

 

Cobbetts have offered me £950, my question is whether the banks have actually agreed to give more money to claimants for confidentiality clauses - thinking about it shouldn't that be how it's spelt?????

Link to post
Share on other sites

Well spotted. :grin:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Not that I'm aware of.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Hiya

 

Got the expected 'gesture of goodwill' offer from Cobblers. A bit over half the amount I am owed.

 

Below is the rejection letter I want to send. Its been tweaked to allow for the fact that I have already done the MCOL and are at the return of AQ stage. Also tweaked to remove the specific references to the daily interest stuff as it looked complicated and unnecessary. The section about going further back in time removed too, not relevant to me and sounded a bit vague.

 

Any comments before I send?

 

Ta in advance.

 

Arwenboddy

 

 

*****************************

 

Cobblers

 

Re: Account number XXXXXXXXXX

Response to settlement offer.

 

Dear Sir

Thank you for your letter dated X December 2006.

I first contacted your client regarding their unlawful charges on XX of XXXX 2006 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.

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.

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 confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the full amount of my claim, in order to be afforded this privilege by myself.

I trust this clarifies my position.

Yours faithfully

Link to post
Share on other sites

Hi Chaps,

I was looking for a suitable letter for my response to a goodwill offer from Cobbetts received a day after but dated same date as their filing of defence. There was a different slant to their letter which was based on "Our client considers that your challenge to its charges would fail in Court" etc and indicating that they would draw thier letter to the attention of the Courts if I declined on basis that the offer is "entirely reasonable in the circumstances" It seems they are basing their offers on about half the claim amount plus court fees. The wording of their letter did not make it open to accepting it as a part offer, and there was no mention of the limitations act. I decided to replied as follows:

 

"I wish to advise you that I will not accept anything but a full refund of my charges plus costs as detailed in my claim. If, as you indicate in your letter, your client feels that they could successfully defend the claim, then I find it contradictory that they have instructed you to make the offer of a goodwill payment. I can only conclude that they are trying to limit their potential losses on the claim. I would suggest that if they wanted to do so, and avoid wasting more time and money that they decide to settle up without delay.

I have noted your comments in the last paragraph, and should you bring this to the attention of the court, then I would hope that they would take the view that you were trying to intimidate me into accepting your clients offer."

 

I'm not suggesting that it is the best approach for these letters as Cobbetts seem to be changing tact all the time, but it gives another idea.

 

All the best.

Link to post
Share on other sites

Hey Guys

 

Been away a couple of days but just got back to a letter from Cobbetts attaching their AQ. Whilst I wrote to them last Monday (11th) rejecting their offer letter and on the 5th advising that I would not be completing their CPR 18 Request, they have stated in their AQ that they are awaiting a reply to their request for further information!!:x I take it this is normal??!!

Link to post
Share on other sites

Yup, that's what I got too - no need to worry about it AFAIK.

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

Link to post
Share on other sites

  • 1 month later...

Guess what guys....................that's right I WON!!! Got home last night and there was a special delivery card left by the postman, so on my way to work this morning I popped to the local office to pick it up and low and behold Natwest have decided to pay me £1576.18 (to be precise:D ). Needless to say this has just added to my valentines, as my fiance also surprised me this morning with flowers and a card that made me weep!!

 

I just want to say thank you to everyone who has helped and given me advice. I'm off to the Woolwich thread now to start my proceedings with them!! Wish me luck

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...