Cobbetts sent cheque, but not for interest......

[babs2961]

Hi all - help please!

I had an offer from cobbetts of £1500, which was politley refused. They have now sent a cheque for the charges, but none of the interest...saying that it's due to the limitation act 1980, unable to claim from before 2000?!

The interest amounts to £1500 - is there anything I can do to claim it back?

 

thanks in advance for any help,

 

Babs

[natwesttookmymoney]

Hi, Babs

Yes there is stuff you can do to claim it back.

Refuse the cheque as 'full and final settlement' but by all means accept it as an interim, and say that you will pursue the matter for the balance, including interest. use the standard letter to do so.

You can claim for charges more than 6 years before you filed your claim, under S32 of the Limitations Act 1980, which talks of evidence of concealment. I presume you have used standard template letters, which include the sentence "I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them." they will have said something about the charges being 'fair and transparent' but not supplied details of the costs they have incurred, a request for which you should also previously asked for - ". If you maintain that your charges are not unlawful, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of any breach of contract by me, in order to reassure me that your penalties really do reflect those costs. These costs will include evidence of, for example, telephone calls (not sales calls), manually (not automatically) produced letters, meetings, scheduled visits either to your branch or to my house, and other activities."

So, if they haven't given you the info, they are concealing and aren't protected by the Limitations Act.

 

Post up a copy of the letter you've received and we'll work out a suitable wording.

Best wishes

 

Westy

[babs2961]

great thanks!

 

have had the standard bog off letter, and 'fair and reasonable transparent' letter, along with £1500 offer, politley refused!

 

Here's the one that arrived today:

 

' Although our client maintains its position as stated in our letter of 13 November 2006, and is confident that it will be successful as a final hearing, its legal fees would almost certainly outwiegh the value of the claim, and, as such, the client must take a commercial approach to such claims.

 

Accordingly, without any admission of liability, our client is prepared to settle this matter in full to prevent incurring any further legal fees. By virtue of section 5 of the Limitation Act 1980, you are unable to claim for unfair bank charges prior to August 2006 (typo, think they mean 2000). We have therefore deducted the sum of £650 plus interest from your claim and enclose a cheque to the sum of ******. As previously stated, acceptance by you of this goodwill gesture will be in full and final settlement of your claim against or client and strictly on the basis that you write to the Court withdrawing your claim.

 

We would ask that you now write to the court and discontinue proceedings in this matter, We have attached two copies of the Notice of Discontinuance, and we should be grateful if you would complete the copies, forwarding one to the Court and the duplicate to us. If you fail to provide a notice of Discontinuance within 7 days of recepit of this letter, we will make an application to the court to strike out your claim in respect of the charges you claim for pre limitation, which is misguided and irrecoverable. We reserve the right to refer to this letter on the issue of costs.

 

We await receipt of the completed notice of Discontinuance.'

 

 

I've used all the standard template letters...

[natwesttookmymoney]

OK, Babs, seen the post. I've got to pop out for a couple of hours, will deal then.

 

Best wishes

 

Westy

[babs2961]

ok, got the letter drafted, accepting as part payment, but will continue to pursue for the interest - anything else specific I need to include?

[zanna]

hi babs

just been reading some of your threads, ive recieved a letter from cobbetts requesting more information and a "request pursuant to cpr part 18 alternatively with regard to cpr rule 27.2(3)"

did you recieve a similar sort of letter prior to their offer

im getting really anxious at this stage as really couldnt afford court costs!!!

[natwesttookmymoney]

Hi, Babs

Can you post up the letter you've drafted, then we can check to see if you've missed anything.

And by all means have a look at my latest exchange with NatWest on my thread. Dunno if it will be any help but it might be.

Best

Westy

[babs2961]

zanna, I sent all the details needed for cpr pt 18 request, didn't give them a chance to send me more stuff!

[babs2961]

'I have accepted the cheque that you have sent to me for £*************part payment of the full amount of the claim. I do not intend to discontinue the court proceedings at this time as I still intend to pursue the outstanding interest on my claim.'

 

anything else I need to send them? thanks, Babs

[tunecookie]

Would there be any harm in accepting the cheque as partial settlement after

it has cleared, so they cannot recolie their offer? Or is this a bit naughty?