Jump to content


Gesture of goodwill


 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5453 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

Hello

 

I received a letter today from Halfax offering me £557.00 in full and final settlement (my claim is for £617.00). I want to send my next letter 'response to settlement offer', but because they've been very efficent on this occassion in replying (within 3 weeks of sending my 'preliminary approach' letter) I never sent a 'letter before action'. What should i do?

:confused:
Link to post
Share on other sites

3 weeks doesn't sound very efficient to me - in your prelim letter you should have given them 14 days to respond, but act now and this time stick to YOUR timetable, not the bank's;

 

What you can now send is an LBA http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html with the first paragraph amended with a bit of the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html letter, so it reads something like:

 

Your address

Date

Their address

Re: account number xxxxxxxx/complaint number xxxxxxxx

 

Response to settlement offer/Letter Before Action

 

Dear Sir/Madam,

Thank you for your letter dated xx/xx/xx

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

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

I require repayment in full of this money and . If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully,

 

 

 

 

 

[name]

 

All the bits in red are for you to personalise.

And this time, they get just 14 days before you go to the court stage - stick to YOUR timetable:D

 

That is, of course, if you don't want to accept their offer;)

HALIFAX

30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95

HALIFAX 2nd claim

5th Mar - 16th Apr - Success in claiming £176

EGG (3 accounts)

20th Jan 07 - SAR posted

17th Mar 07 - Paperwork received - bits missing

19th Mar - Non-compliance for missing bits posted

9th Apr - ICO complaint filed

BARCLAYCARD

20th Jan 07 - SAR posted

21st Mar - Statements received

23rd Mar - Prelim posted

31st Mar - Offer for £30 rec'd

10th Apr - LBA sent

Link to post
Share on other sites

If I were you I'd accept this - its 90% of your claim, which is what most sites like this recommend that you accept. Is it really worth the time and money of going to court for another £60???

Link to post
Share on other sites

If I were you I'd accept this - its 90% of your claim, which is what most sites like this recommend that you accept. Is it really worth the time and money of going to court for another £60???

 

 

"most sites like this" are selling users short. There is no reason to accept a lower payment, and it is highly unlikely to go to court anyway.

 

Ask yourself this: Is it really going to be worth Halifax defending the claim for another £60? I think not.

 

boat68, stick to your guns, and you'll be getting 100% of your money shortly. :-)

Link to post
Share on other sites

  • 1 month later...
  • 2 weeks later...
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...