Rejecting offer of full settlement when seeking default removal.

[thatfellow]

Hello all,

 

I have been chasing Sainsbury's Bank for £650 in charges, plus the removal of my default notice. They have now offered me the full amount, but have still refused to remove my default.

 

Will my case be undermined at all if I now take them to court having rejected what I was asking for monetarily?

 

Also, are there any examples of people having had their defaults removed without going to court (i.e. as part of a pre-case settlement)? If they take it to court, how are they going to defend their Data Protection case without addressing the issue of the charges' lawfulness? Bit apprehensive about going to court, but I need to get the default removed.

 

Thanks.

[Glenn UK]

You should have a look in the template library there are some new letters that deal with acceptance of offers etc.

 

You have to be pretty careful because they have offered the full amount, you have to accept it but in the right way.

 

If you use the right letter and I'm not sure which one it is, then you will not in effect get the money and they will not have settled and therefore you can proceed to court on the basis of the charges and default to argue about.

 

If you don't follow this route then its highly unlikely you will get the default removed. Maybe not impossible but close to.

 

HTH

 

Glenn

 

PS i have had adverse credit entries removed without going to court but they were late payment markers and i also got agreement in my settlement that they can no longer process my data without my express condition. its only a shame i don't have an account with them now.

[thatfellow]

Dear xxxxx,

Further to our conversation today, I am writing to outline my response to your offer of £650 in full and final settlement of my claim.

You will note from my previous correspondence that I was claiming not only the £650 of charges that I deemed to be unlawful (plus interest), but also the removal of the default notice issued by Sainsbury’s Bank against my credit record. This default occurred merely in respect of unlawful charges levied by you (my credit limit was £500, the charges taken were £650).

As such, my position has not changed. I am therefore unable to accept your offer of £650 as a full and final settlement.

I am only willing to accept this offer if you also remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount incurred to date plus interest plus my costs and without further notice.

Yours sincerely,

thatfellow

 

Thanks Glen.

 

The above is what I sent as my final letter before action. Do you think it should give me enough cover to start my claim proper?

 

On a related note, how should I frame the 'brief details of claim' in the N1 form? Would 'Money claim for return of penalty charges applied to the Claimant's credit card account by the Defendant and removal of Default Notice' cover it? I can't find any examples of the form of words elsewhere on the forum.

[Glenn UK]

With regards to your first question it looks fine to me

 

If you look at the first link in my signature its for my claim against abbey and has all the details i used for my N1, the second is for my thread on Barclaycard which as the same info.

 

why they haven't come out a Glenn Vs Abbey, etc i haven't go t a clue.

 

HTH

 

Glenn

[thatfellow]

Thanks mate, much appreciated.