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Jay vs FD - small question

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I know this has been covered somewhere in the FAQ's but I wanted to confirm and clarify based on recent experiences of others.(plus I can't find the answer now that I need it, no matter how much I look!!)

 

I recently sent a refusal letter to FD for the £1046 they offered me. A few days later I filled the MCOL forms in and paid the £120 to go for a court hearing as it had gone past the LBA stage, and that was the next stage.

 

Today I got a letter responding to the refusal letter saying that they were sad that I didn't want their offer, but that they would pay me the full claim now, "without prejudice" of £1230. These were the original bank charges I was claiming.

 

What they are offering does NOT refund the full charges with interest and MCOL fees which now comes to £1448.40, which is the stage it has got to now.

 

As it has got to the MCOL stage am I right in thinking that I should hold on till the end of the line now as it has got to the court stage? I am getting mixed up as I read somewhere on the CAG site that if the banks made a full offer it had to be accepted - how does this apply here?

 

I also think that the bank is a little behind in it's messages as it is replying to the refusal letter but I haven't heard their response to the MCOL yet.

 

Hence the confusion......Any help will be great!!

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Decisions, decisions.

 

You can either accept it in which case write to them and tell them. Then, once you have the cheque or whatever, and not before, write to the courts and tell them that the defendant has settled and you want to cancel the action.

 

Or you can accept it as part settlement and tell them that you will be pursueing the remainder in court. Then one of two things will happen.... Either the bank will up their offer or you continue your court action until they do.

 

Good luck with your claim.

Regards, Rooster.

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Got another one for the wise ones:

 

I did the MCOL thing on the 19th December and they served the papers via first class post on 20th December 2006. They deemed it officially served on the 25th December. FD acknowledged on 28/12/2006

 

FD sent me an offer of £1230 on the 20th (which I didn't receive until a couple of days later).

 

Am I in a position where they don't have to pay the court charges and interest now as they offered a settlement for the full amount of charges on the same day that MCOL sent the papers to them, or am I right in thinking that because I started everything on the 19th they are liable for the lot?

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BUMP.

 

Any ideas on this question??

 

Cheers,

 

Jason

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Got another one for the wise ones:

 

I did the MCOL thing on the 19th December and they served the papers via first class post on 20th December 2006. They deemed it officially served on the 25th December. FD acknowledged on 28/12/2006

 

FD sent me an offer of £1230 on the 20th (which I didn't receive until a couple of days later).

 

Am I in a position where they don't have to pay the court charges and interest now as they offered a settlement for the full amount of charges on the same day that MCOL sent the papers to them, or am I right in thinking that because I started everything on the 19th they are liable for the lot?

 

 

They are iable for the whole amount as you filed your claim before they sent out the offer.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Cool. Thanks for the confirmation. It's good to see I was thinking on the right lines!!

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