Settlement rejection letter

[JulesTools]

Hi

After reading countless threads regarding problems derived from accepting/cashing "part settlement" cheques , the most recent two are

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/60590-problem-clydesdale-bank-please.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/60127-court-clydesdale-bank.html

 

With all due respect for jonni2bad `s template letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html, which I have used and trusted myself , could I make the suggestion that , in my opinion , it should be changed to remove the part

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

and replaced with something that shows that the cheque is in no way accepted and will be returned with this letter ( if a cheque has been sent).

 

As I say I am noticing more and more threads where people are running into trouble with this and feel that if the cheque is accepted even as partial settlement it just gives the banks an easy excuse to cast doubt upon the claimant , as indeed it did with one of my claims to the Yorkshire Bank

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/26725-jules-yorkshire-bank-well-4.html

 

see post#21 onwards.

 

Apologies to jonni2bad , no disrespect is intended but I think it is time to adapt to the banks underhand tactics to prevent any further problems.

 

It would also clear up one of BankFodder `s questions

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/56572-why-people-accepting-compromise.html

 

Does anyone else have any views on this , if I am wrong and there is a legal reason for wording the letter this way please let me know.

 

Jules

[gizmo111]

I think Jonni's letter refere to offers made and not cheques sent out - so in effect we need 3 responses

1 - offers made

2 - cheques sent i nfull and final

3 - monies paid into accounts

[Guest Zooman]

I think Jonni's letter refere to offers made and not cheques sent out

that is not how it reads to us plebs.

[Michael Browne]

Whenever I've seen this problem I've advised people to send the cheque back with this letter:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I would remind you that by insisting your part payment is in full and final settlement and not agreeing to my terms you are failing to mitigate your losses as the interest will continue to accrue on the full amount on a daily basis.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

Any comments welcome.

[xiona]

another angle on this-to reject or not?

 

Claimant claims on joint a/c held with previous partner(not an active participant on a/c) Cheque received in joint names, present bank wont accept it. Do you reject cheque and ask for it in sole names or now abandon claim???????????Tricky

[watson42]

HI MIchael, thanks for that, I was about to post a partial settlement letter, but, judging by the increasing number of entries regarding the banks new tactics on this, I've redrafted. fighting on behalf of my mum up in Scotland. partial offer £405.50, holding out for full £988.03 (not including the judicial interest) let's fight them all the way.

 

cheers

 

West Yorks Red

[jonni2bad]

JT, and indeed anyone else, I have now amended this section to include 4 letters that would hopefully cover the scenarios we face (although we can never deal with the obscure).

 

Please feel free to comment, suggest, arm twist or whatever.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[JulesTools]

Thanks for that jonni2bad

 

A fantastic choice of letters there , should be something to suit almost everyones situation . Shame we have to keep on top of the banks ever changing moves , thanks again nice to know someone is listening . Great work , I`m sure everyone will get plenty of mileage out of them