Partial Offer

[J Rich]

Hi,

I have been made a partial offer of 2250.00 from Cobbetts. My claim is for 3700.00, so obviously falls well short of that amount. They say that they do not believe I will win this if it goes to court blah, blah, blah.

 

I have mistakenly included a charge that falls out of the 6 year limit, which they have referred to but would this in any way make my entire claim incorrect?

 

Any advice on what to do?

 

Ta

[gizmo111]

Acceept the amount in partial settlement, agree to remove the charge outside the 6 year limit and put in you letter what your total claim is now - when this happened to me I amended spreadsheet and sent them a new copy.

[J Rich]

Thanks,

Which letter should i use?

[alf]

Dear Sir or Madam.

 

Thank you for your letter dated xxth xxxxxxx 2006.

 

I respectfully decline your offer of £xxxx as settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees totalling £xxxxx

 

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 trust this clarifies my position.

 

Yours faithfully

 

Good Luck

 

xxxxxxx

[cheddar]

Letters you need will be found in the Templates Section of the site which is here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[gizmo111]

Dear Sir or Madam.

 

Thank you for your letter dated xxth xxxxxxx 2006.

I enclose an amended schedule of charges and confirm that I have removed any charges levied before xx/xx/xx as per the Limitation Act 1980.

 

I respectfully decline your offer of £xxxx as settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees totalling £xxxxx

 

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 trust this clarifies my position.

 

Yours faithfully

 

 

Good Luck

 

xxxxxxx

 

I added the bit in red to cover the charges over 6 years old.

[natwesttookmymoney]

Hi

Giz, you said "agree to remove the charge outside the 6 year limit"

Why? Section 32 (I think) of the Limitations Act allows events outside of a 6-year period from the date of claim to be included where there has been concealment. We keep referring to the fact that banks have concealed the true nature of their charges - it's referred to in the preliminary request and LBA. Will Cobbett's (or NAt West) really dig their toes in over one charge?I'd make reference to S32 LA in the reply and insist that it's included in any final settlement.

 

JMHO

Westy

[Godders]

Also, is the charge +6 years from when you filed your claim or +6 years from when you first approached Natwest about charges?

 

I say because Cobbets said the same to me but the charge they were referring to was within 6 years of the date I sent my prelim letter to Natwest but beyond six years from the date of my County court claim. I understand you can claim from when you first asked for the money back.

 

In my response letter I said I'd be happy for the court to decide either way but that until I was told otherwise I would still be including it in my claim.

[cheddar]

The 6 years they refer to under the Limitations act refers to when you first asked for your money back (ie when you sent your preliminary letter) however cobbetts may still say that your charges are time barred like they did with me but i knew i was correct!

[gizmo111]

Hi

Giz, you said "agree to remove the charge outside the 6 year limit"

Why? Section 32 (I think) of the Limitations Act allows events outside of a 6-year period from the date of claim to be included where there has been concealment. We keep referring to the fact that banks have concealed the true nature of their charges - it's referred to in the preliminary request and LBA. Will Cobbett's (or NAt West) really dig their toes in over one charge?I'd make reference to S32 LA in the reply and insist that it's included in any final settlement.

 

JMHO

Westy

 

That is up to the OP - I was assuming from his first post that he wasn't too bothered about the one charge over 6 years, and didn't want a big fight. if I have misread his intentions then I apologise. You are quite right about S32 of the limitation act. Cobbetts will make a big thing over the one charge as if they pay one they will be liable to pay others. I am not aware of any NW claimant receiving anything over 6 years old.

I took mine off my claim over 6 years old - 4 charges and still haven't been paid - just have my dodgy cheque in the in tray still.

[alf]

xxxxxxxxx

xxxxx

xxxxx

xxxxxxxxxx

xxxxxxxxx

xxth December 2006

 

Thank you for your letter dated xst December 2006.

 

I first contacted your client regarding their unlawful charges on xx/xx/xx 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, which together now total £xxxx as of xxxxx 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 trust this clarifies my position.

 

Yours faithfully

(This is the one i used to decline Cobbetts offer)

Good Luck xx

[natwesttookmymoney]

Hi, Alf

 

That's fine as far as I can see.

 

This does not need to affect your letter at all - don't change it, it's not worth it.

BUTI fear I have to correct peeps. The six years is counted from the day the claim is filed, not from date of first contact. I was under the same impression but I was corrected.

Not that it matters anyway - the concealment argument us so overwhelmingly strong.

Best to all (and sundry - let's not leave him out)

Westy

[J Rich]

Hi all,

Thanks for your help on this guys. When I've gone back over my figures there is actually only 1 charge outside of the 6 years (taken from the date I filed the claim) and its for 5.36!!! so I'm not really bothered about that bit.

 

I'm definitely not gonna accept this offer as a full settlement, as after all IT'S MY MONEY!!

 

Thanks to everyone for advice so far....I'll keep you posted.

[J Rich]

Hi all,

Thanks for the help so far. Sorry not been on lately but not much happened until now!!

Got a letter saying I've been allocated to the small claims court now and got a hearing date for 28th March. Letter states that I have to

 

"By reference to my bank statements & identify those charges which i say were made unlawfully"

 

it also says i have to exchange copies of any documents i will rely on, to the bank.....do i have to give Natwest copies of my statements when they already have the list of charges??

 

Also do i have to go to the hearing?

 

I'd appreciate anyones help