Partial offer recieved What to do now? the story so far.

[arma]

Hi all recieved a partial off today as a goodwill payment but...

They seem a bit muddle with the ammounts claimed.

this is the story so far...

We sent in a claim using MCOL a few months ago for £3172.00 worth of charges + interest of £319.36 bringing a total of £3491.36

 

This resulted in a CPR18 Request asking for more details so we looked at it a bit more and realised that we had not removed the Advantage Gold service fees.

 

So we sent them a full breakdown of the charges less the advantage gold fees where applicable bringing it to £2996.00 in penalty charges + Interest of £379.16 at 8% bringing the total we want to claim to £3375.16

 

They have replied today stating the original total of £3172.00 instead of the updated total we sent. But they will rely on the the figure of £2996.00 which is only the total of penalty charges and does not include the interest.

 

They have offered £1750.00 as a goodwill Gesture.

 

Here is a copy of the letter i am thinking of sending them.

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

 

 

 

 

 

 

Thank you for your letter dated

 

I respectfully decline your offer of settlement of £1750.00 and request, once again, that you return to me all charges imposed on this account and interest totalling £3375.16 plus any court fees incurred.

Please note, I would ask that you again refer to my letter in which the correct total for our claim amount ( less court costs incurred ) is clearly stated as £3375.16. This figure, as per the breakdown sent as requested, is for the total penalty charges of £2996.00 plus interest of £379.16.

 

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.

 

 

 

So here goes for a few questions.........

 

1 Is this letter ok

 

2 why are they using the old claim amount ( before i deducted the ADG Fees )

 

3 Would this make any difference in court.

 

4 Should i send a copy of this letter to the court as well as cobbetts.

 

5 How much longer is this going to go on for

 

 

Hope someone can help

 

Arma

[Andy449]

Hi Arma,

 

1. Yes

 

2. Because they have so many of these claims that they're probably not even paying attention to the fine details of particular cases. Read through the other threads and you will see many example of careless generic errors in their correspondence.

 

3. No, if you get to court you will be able to explain this to the judge. If your case gets this far then you will be expected to supply copies of all previous correspondence to all parties which would demonstrate that you have acted in good faith by highlighting the error.

 

4. Yes

 

5. My CPR 18 request was recieved in October and my court date is set for the end of Feb so presumably your timescale would be similar.

 

Andy