Help needed after part refund

[maxine989]

Hi there... I didn't know whether to start a new thread or not, so I thought I would just put a quick note here and see if anyone can help.

 

I have a new problem...

 

Many of the banks/card companies I am claiming against have begun giving me part payments as a gesture of good will. Obviously I am still persuing them for the full amount owed but now that two of the banks have credited my account automatically, I am now a little unsure how to alter my spreadsheets accordingly.

 

Can anyone help? I have tried adding the credit as a credit... but it does not change the interest that is increasing daily.

 

I am stuck... and need a bit of advice here.

 

I am about to file two of the claims at court, but am unsure of the spreadsheets and new amount owed... I don't want to file it at court if my figures are wrong due to the interest accumilating against charges I have already had a part refund for. ANY ADVICE?

 

Maxine

[Glenn UK]

Personally I think it depends on what they say the credit is for?

 

If they say its a gesture of goodwill, then inform the court that you have received an unspecified GOGW and leave your schedule as it is. No i dont expect the court to make them pay you the full amount and the GOGW.

 

if they say its a refudn of charges write back and ask them to confrim which charges explicitly? I doubt they will reply and therefore treat as for a gestue of goodwill.

 

If they write and say we are refunding x, y and z charges amend your schedule as approriate.

 

Other poeple take differing views, i have used the 1st appraoch to the claims i have had and not had any problems althought neither have reached court.

 

JMHO

 

Glenn

[maxine989]

Thanks for that Glenn

 

So what you are saying is... to leave the spready the same and just add on as a credit at the end, giving a new total but without it affecting the rest of the figures??

 

Like you say, it is impossible towork out the interest without them saying which actual charges they are refunding.

 

This is what each company have said:

 

Egg said they are refunding me £4 per charge for 13 charges... but they haven't autmatically credited it, they want me to sign a full and final settlement form... so I shall just continue with court proceedings.

 

Barclaycard have automatically credited £304 to one of my cards (but not both) after I sent them an LBA with estimated charges for both matercard and visa. They say that this agesture of goodwill is the difference between the charges that I incurred and the £12 fee recommended bt the OFT.

 

Lloyds TSB have credited my account with £750 charges refund as a good will gesture. This is not the full amount, just under half (with the contratual interest added).

 

So... I think I will just take the credit (part settlement) off the final amount on the bottom of the spreadshhets when I file it at court on Monday. The difference between the interest due after the part settlement and interest due on the full total would not be much anyway as these part payments have only been made a few days ago... just before the 14 days after the LBA are coming to an end.

 

If anyone has any other suggestions/comments on this then I would still be interested to know other views on it.

[bill-k]

Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/general/59205-how-deal-goodwill-payments.html

[JonCris]

I think folks is missing something here

 

A 'goodwill' payment is just that a 'goodwill' payment & unless it is specific in nature it remains so.

 

They could for example say they are paying the claim in part or in full but 'without any admission of liabilty' In which case it isn't a 'goodwill' payment

 

However if not specified it could be payment for all of the trouble they have caused or anything........how do you know if they don't tell you.

 

It's right to ask them before the hearing & even tell the court that you have an unexplained payment which does not match your claim & that you are clarifying matters but if they don't tell you I would leave the spreadsheet as it is............could be these mostly much lower 'goodwill' payments might come back & bite them in the bum

[bill-k]

It could be payment for all of the trouble they have caused or anything........how do you know if they don't tell you.

 

It's right to ask them before the hearing & even tell the court that you have an unexplained payment which does not match your claim

 

Must admit, I rather like your take on that, JonCris !! I might have a bit of fun with that, next time !!

[JonCris]

Yes lets use their attempts to circumvent our full claims to OUR advantage

[bill-k]

I believe the martial art of Judo is based on that principle. Letting your opponent's own weight work against them. Always liked that idea. Similar to giving them enough rope.... ! :o

[maxine989]

Ah yes... giving them enough rope... I like it.

 

What I shall do then... is put the credited amount on the bottom of the spreadsheet so that it reduces the final bablance due... but not alter any of the charges and interest, so the daily amount of interest still stays the same.

 

What about the wording in the particulars? I have put this at the moment but am unsure of it... do you think this is OK folks?

 

5.Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £834.00

b) Court costs;

c) interest at the contractual rate of 29.8% AER, from the date of each transaction to 26th January 2007 , which is £1060.15, as set out in the attached list of charges, less an un specified gesture of good-will credit of £750.00 made to the claimants account by Lloyds TSB bank on the 16th January 2007. The Claimant further claims interest, on the original amount of charges levied, at the same rate up to the date of judgement or earlier payment, at a daily rate of .

 

Maxine...

 

P.S. Am I really up at 7.30am on a Sunday?!!! I must be mad!

[maxine989]

Bill... I just noticed you were up at 5.45!!! An alnighter or an early start??

[JonCris]

Maxine follow the advice I gave earlier. Write to them asking them to confirm it is a 'goodwill' payment. Write t the court also saying you have received this unrequested 'goodwill' payment which appears to fall well short of your claim for what you know not & that you have written to the defendants for an explanation.

 

Until then or if they don't reply soon enough leave your spreadsheet as is

[maxine989]

Yes JohnChris, I have written the letter (sent on Sat the 27th) and made a phone call (on friday 26th afternoon)... but I don't expect a response from the letter... and on the phone they were not able to tell me what specific charges the good will gesture was for, they said that if I was still unhappy then I needed to write to the customer care/complaints department.

 

I am gathering all my court bits together ready to file over the coming week.

[maxine989]

Also... what's interesting about these 'part payments' or 'gestures of good will' is that they are suddenly get credited to you account without you signing anything... and usually are done so after they have been hit with the LBA showing the contractual interest schedule of charges (in my case anyway).

 

I have had similar things happen this week with Egg and Barclaycard (suddenly crediting my account with odd lesser amounts after recieved an updated LBA showing contractual interest). To me it seems that they have seen that I am prepared to go the whole hog and sqeeze masses of interest out of them... then suddenly they cough a little up, hoping you go away.

 

Surely this shows that they know they will be forced to pay the contractual amount if it gets to the court stage... If they thought we hadn't got a chance and was being cheeky in claiming this contractual interest then they wouldn't suddenly cough a little dosh up to keep you sweet. The banks/card companies are hoping that by giving you this 'good will gesture' you will go away.

 

They probably know that some people will think it is too much trouble to alter their claim accordingly and give up. So it seems it is yet another under hand tacick to put us off claiming the whole lot.

 

Exuse spelling... am rushing... got to go and get the baby from upstairs..

 

Maxine

[JonCris]

Maxine it doesn't matter If they claim they are 'goodwill' payments & won't or can't say any different then that's what they are & should be considered as such.........After all as I have said it could be the bank wanting to make it up to you for all the trouble they have caused just like sending a bunch of flowers & if they don't tell you why should you assume differently

[maxine989]

Yes you right JohnChris... yet on my on-line statement the credit is listed as 'CSRC CHARGE REFUND'. When I asked the lady on the phone which charges they were a refund for, she could not give me that information. She just told me that my comlaint case was open for a further so many day days (28 I think she said) and if I was still unhappy then I should respond by writing within this time scale.

[maxine989]

I am going to start using the other thread on this one 'How to deal with goodwill gestures'... unless it is a read only thread...

 

Thanks for you help folks...

 

maxine

[JonCris]

Maxine until they explain precisly what it is, other than it's a 'goodwill' payment, anything else is nonsense.

 

Again suggest you write to the court explain you have received this 'goodwill' payment (which does not match your claim) without any advice from the defendant. Also tell the court you have phoned them & they were unable to tell you so you have now made a written request.

 

Don't make any complaints......why should you they have given you money which just might be in excess to your original claim.

[Correllia]

Similar scenario with abbey claim for £3.5K. Had goodwill payment of £140 paid in AFTER I'd closed the account! Subsequently got cheque as clearance of funds (which remains uncashed), they've now offered £2.3K as final payment, about 65%, subject to any goodwill payments. Original letter regarding this payment offered £x as the amount so it was only after I phoned abbey I knew what it was! Not sure now whether to proceed or take the 65%....any advice out there?

[maxine989]

Similar scenario with abbey claim for £3.5K. Had goodwill payment of £140 paid in AFTER I'd closed the account! Subsequently got cheque as clearance of funds (which remains uncashed), they've now offered £2.3K as final payment, about 65%, subject to any goodwill payments. Original letter regarding this payment offered £x as the amount so it was only after I phoned abbey I knew what it was! Not sure now whether to proceed or take the 65%....any advice out there?

 

Hi Correllia

 

I would only accept it as a part payment and proceed with revovering the remainder. You can refuse the payment, although I know it is hard when it is staring you in the face, or accept it on the condition that it is a part payemtn only.

 

A while ago I had a final offer from NatWest. They sent me a cheque for just over two grand ( when my claim is over four)... it was so hard to send it back, but I did. They sent it me again and so the second time I wrote cancelled over the cheque and sent it them back again. I now have a court date on the 16th July and so hopefully wil get the whole lot back... fingers crossed.

 

If you are unsure what to do... start a new thread of your own where people can read your stoy, then others can offer comments and help... that way your thread keeps a running progress on what's what with your claim.

 

maxine

[Correllia]

Thanks for your advice think I just needed that bit of encouragement, and will be creating my own thread now!

[vmac]

Just wondering if anyone could 'OK' the following point in my POC re £750 part payment:

 

"7.Defendant has credited an unspecified 'goodwill refund' to Claimant's account without consultation. Claimant has, without prejudice declined acceptance of this as final settlement."

 

Many thanks

[maxine989]

Just wondering if anyone could 'OK' the following point in my POC re £750 part payment:

 

"7.Defendant has credited an unspecified 'goodwill refund' to Claimant's account without consultation. Claimant has, without prejudice declined acceptance of this as final settlement."

 

Many thanks

 

It's up to you vmac... I personally wouldn't bother adding anything about it onto the POC. All I did was added it as a credit on my spreadsheet at the end... so all the interest stayed the same. I put it as an 'unspecified credit'.