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BigShep41

****Settlement offer recieved - HELP!!!!!****

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Ok, ive been going through the process outlined on this site for some time now, sent S.A.R, sent prelim letter and also sent LBA. Have initiated a summary cause action against CB and have hearing set for Feb 2007.

 

The question I have is this:

 

On 14December 2006 I went to Sheriff court (as in Scotland) and submitted my summary cause summons, recieved this back in the post and on 19 December 2006 went to sheriff officers for them to serve on CB. Now also on the 19 December 2006 I recieved a letter from a name which may be familiar, Mr N Kirdy. This was a full and final settlement offer of £1200 in the form of a cheque, my claim is over £2.5k (although broke down to suit Scottish small claims limit)

 

I have issued this response:

 

Dear Mr McKirdy,

 

 

 

Thank you for your letter dated 19 December 2006 (your ref: *******************), I respectfully decline your offer of full and final settlement of this claim as I wrote to your organisation on 08 July 2006 and again on 02 November 2006 requesting you refund a total of £2366.50 which had been taken unlawfully from my bank account. This was my attempt at settling this matter without the need to involve my local sheriff court. These letters were regrettably declined by your organisation.

 

May I take this opportunity to advise I have now started a summary cause action against Clydesdale Bank PLC for the sum of £1496.00 plus interest at the judicial rate of 8% p/a and costs. Unfortunately as I have had to involve the sheriff court the only figure I will be accepting is £1496.00 plus judicial interest and costs.

 

I understand the responsibility of maintaining my bank account lies solely with me, however I also understand when I entered into a contract with your company you agreed to conduct yourselves lawfully and in a manner which complies with UK law. I feel confident I can show a court you have acted unlawfully and have breached Scottish common law. All productions I intent to rely on in court will be issued to you in due course.

 

With regard to your offer of £1183.25 I will accept this sum, however pleased be advised, this I accept as part-settlement only and on the clear understanding that I will pursue recovery of the remainder through the summary cause action which is imminent.

 

I trust this clarifies my position and will await a response before any further action is taken with regards to the cheque you have issued to me.

 

 

 

Your sincerely,

 

BigShep41

 

 

Now my question is this, the cheque they have issued to me can I cash this??

 

I am unsure as in their letter it states "this is paid in full and final settlement of this claim and your encashment of it will be taken as your acceptance of this" or does my letter cancel out my acceptance???

 

 

Thanks in advance for any replys.

 

BigShep41

 

 

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Have they sent you a cheque or credited your account?

 

If it is a cheque, you can either send it back with your letter or keep it but don't cash it, because if you take the benefit of the offer, at this stage, the bank could argue that by accepting the payment, you are accepting the final offer.

If it is a credit to your account, then leave it, untouched, in your account, until the claim is finished.

 

Your last paragraph reads.

I trust this clarifies my position and will await a response before any further action is taken with regards to the cheque you have issued to me.

 

Replace this with...

I require repayment in full of this money. 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.

 

Good luck with your claim.

 

Regards, Rooster.


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Hi, as rooster says do not cash it, I think also it states the letter has been posted already so the change suggested could not be actioned.


Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

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Thank you for the quick replys, yes it was a cheque they issued to me Rooster, it as yet has not been cashed. I thought I could cash it as the letter I have issued states it will be accepted as part payment only, however im not currently in need of the money so would be willing not to cash it.

 

And yes I am afraid the letter detailed in my previous post has already been sent to Mr Kirdy so the change you suggest cannot be actioned.

 

Just to confirm then, I should definetly NOT cash this cheque??

 

 

BigShep41

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No, don't cash it until they agree to your conditions. :-)


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Nope I agree, dont cash it, you may struggle to get anymore out of them if you do.


 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Hi, any help greatly recieved.

 

First off, I have court tomorrow for a prelim hearing against the CB in Glasgow sheriff court, my son in law will be representing me as he has been through the process against LTSB.

 

I today recieved a second settlement offer offering full charges + £39 costs and judicial interest from the date the summons was served on CB.

 

I understand this is standard in Scotland but differs in England, however on my summons box 4 (claim - form of decree or other order sought) this is what I put " The pursuer claims from the defender the sum of £xxx.xx, the pursuer would ask the court to consider that judicial interest be added to that sum at the rate of 8% per annum from the date of service on each individual penalty charge together with any/all expenses of bringing this action to court."

Now my intention is to ask the court as I will show the charges are unfair and unlawful that interest be calculated from the date of service to my bank account.

Would anyone have an opinion as to whether the sheriff would allow me to request this.

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Hi,

 

I recieved a cheque today from the CB offering me £1563 of £2220 claim. They state that the interest that I have applied is only vaild from the date that the summary cause was served on them.

 

As per you...I plan to reject this offer and not cash the cheque. My 3rd court hearing at Perth Sheriff Court will be heard on the 2nd of March, however during my 2nd hearing the judge said that the CB had 2 weeks to come back and agree on a settlement. This 2 weeks no ends this coming Friday.

 

Is the CB's point about the interest only being applied from when the summons has ben served valid?

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I think that if you claimed 8%, then that is from date of charges to date of action being raised. That is the amount you are claiming. But then when the action is won, it so happens that judicial interest of 8% is paid from date of serving the papers to the date of settlemet.. For most cases both ratea have been the same, save for contractual interest, where many and more and more are being successful. In that case the first interst rate applying to charges is that contractual rate and then same as before, 8% is applied from date of raising action to date of settlemnt

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Hi, any help greatly recieved.

 

First off, I have court tomorrow for a prelim hearing against the CB in Glasgow sheriff court, my son in law will be representing me as he has been through the process against LTSB.

 

I today recieved a second settlement offer offering full charges + £39 costs and judicial interest from the date the summons was served on CB.

 

I understand this is standard in Scotland but differs in England, however on my summons box 4 (claim - form of decree or other

order sought) this is what I put " The pursuer claims from the defender the sum of £xxx.xx, the pursuer would ask the court to consider that judicial interest be added to that sum at the rate of 8% per annum from the date of service on each individual penalty charge together with any/all expenses of bringing this action to court."

 

Now my intention is to ask the court as I will show the charges are unfair and unlawful that interest be calculated from the date of service to my bank account.

 

Would anyone have an opinion as to whether the sheriff would allow me to request this.

 

Although not familiar with the Scottish system of law, but as long as you put on your claim that you were claiming from the date of the charge to the date of the settlement, which I believe you have, then I don't think the Sheriff will have a problem. Best way to find out is to ask him when you see him.

 

EDIT oops, seems you have already been to court before I posted this. How did you get on?


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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