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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Should I accept a partial goodwill offer? URGENT REPLY NEEDED


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Hello,

 

I hope this is on the right forum. I received a partial offer from HSBC (9th Jan) for £2,700 when I asked for £3,101 (with interest £3,700).. Great news as it happened very quickly (only sent letter beginning of Dec) but should I accept??? I don't want to sell myself short but neither do I want to be silly and greedy. I know this is ultimately my choice, but would appreciate some advice especially from people that have gone thorugh the system and been successful. I need to write back over the next couple of days (13th at latest) so an urgent response is needed. Please help!!! I'll let you all know how I get on.

 

Many thanks

 

Tim:|

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Hi Fattimbo they will settle for your rightfull claim without the interest before court, you can only claim the interest you are talking of when you file at court, question is there is a small difference then between your amounts. You could double check your charges total and if it is correct then make your choice, if it were correct i personally would send rejection of settlement offer accept only as partial payment of claim as below, alter to suit if you need it, good luck.

 

you will find the letter george refers to here

 

 

 

Moderated .. please do not post our letters on the forum as you have to be a registered user to view them .. by all means provide a link to them in the libary .

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I got the offer letter yeterday, it's tempting but I have declined and I would urge you to do the same. It's not silly or greedy, we have a right to the money they have unlawfully taken from us. If we didn't, why do they consistently fail to defend themselves in court? :D

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Thanks all.. especially for such speedy responses. I went to bed last night thinking I might just settle after all £2,700 is not bad, but after reading your messages are definitely erring towards reclining! I'm definitely feeling a lot more defiant... Any other thoughts before I make the final decision gratefully received.

 

Thanks a lot everyone.

 

Tim

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Hi Tim

 

£2700 isn't bad but £3,700 is so much better and you will get it if you just hang in there. The more money we claim back from the banks, the more they will be forced to consider that they need to do something about these charges.

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Hi everyone and thanks for all your replies!

I have decided to refuse the partial offer and send a 'rejection of settlement' letter to HSBC, I have a problem though....

 

The last letter I sent to HSBC was the preliminary request for payment of bank charges, (this included a request for payment of statutory interest on top of the charges, at 8%)

 

I need to send a reponse to the HSBC partial offer letter, but the templates don't cover this as I have not sent an LBA to the bank and therefore not threatened any court action...

 

What do I do? How do I change the letter?

Has anyone got a template for this scenario as this does not appear to be covered in the bank template letters.

 

Also another point, When do Ifile the claim with the court? After I've had a reply to the 'rejection of settlement' letter? Or before?

 

And another... since starting the proceedure in November I've had some additional charges, can Iadd these to the rejection letter, or should I wait for the court claim?

 

Any help clarifying the situation is gratefully received (I will be forever in your debt - not financially though!)

 

Tim

 

To clarify, the process so far.....

 

12th Nov 2006: Request for bank statements under Data Protection Act sent

22nd Nov 2006: Response from HSBC saying will cover £10 fee and statements will follow shortly:

Dec 2006: Statements received.

14th Dec 2006: Request for payment letter sent (also requesting 8% interest)

27th Dec 2006: Letter from HSBC saying they are looking into matters

9th Jan 2007: Letter from HSBC offering partial settlement of £2,700 (full amount requested is £3,460, £3101 excluding 8% interest)

 

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Hi Tim,

 

Good for you!

 

If I were in your position I would send a letter to decline their offer. You could still use the template letter just take out the bits about court and interest.

I also think you still need to send a LBA ( adapting it slightly because they have replied in you case) to let them know this is your final correspondence before you take action and also adding the extra charges they have taken since your Prelim letter. Do not add the 8% interest at this stage as you can only claim for this when you go to court. If they don't reply when your 14 days are up then proceed to moneyclaim.:D

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