Received cheque from Cobbets - with conditions

[DaveMac]

I got to the stage of receiving my AQ and the case being transferred to my local court.

NatWest had entered their defence (the day before the deadline), and then yesterday I received a letter from Cobbets as follows:

 

Dear Sir

 

Our client: National Westminster Banl plc

 

We refer to the above matter.

 

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amount debited to your account has been applied strictly in accordance with your agreement with it and its published tarrif. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

 

Subject to the above, although our client is confident that it will be successful at a final hearing, its legal fees will almost certainly outweigh the value of the claim, and, as such, our client must take a commercial approach to such claims.

 

Accordingly, without any admission of liability, our client is prepared to settle this matter in full to prevent incurring any further legal fees. We enclose a cheque in the sum of £2,821.10 for the charges (together with interest and Court Fees) outlined in your schedule from 12 January 2001 onwards. As previously stated under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accrued. You issued your claim on 12 January 2007 and you are therefore only legally entitled to claim between the periods 12 January 2001 to 12 January 2007. Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:

 

1. you agree not to disclose to any third party the fact of, or any details relating to this payment.

 

2. you write to the Court withdrawing your claim.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept such charges then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

We would ask that you now write to the Court and discontinue proceedings in this matter. We have attached two copies of the Notice of Discontinuance and we should be grateful if you would complete the copies, forwarding one to the Court and the duplicate to us.

 

We await receipt of the completed Notice of Discontinuance.

 

Yours faithfully

 

Cobbetts LLP

 

 

Much as I like the idea that they's caved in, I hate the thought that they're still trying to dictate that even though their charges are unlawful, unless I refuse to accept them, then they may have to close my current account & overdraft facilities.

 

I am in the fortune (or unfortunate) position that the cheque will not totally clear my overdraft with them. They have done the usual & put the account number on the cheque for it to be paid in to that account only.

 

Should I accept it or not????

(Fortunately I haven't decided yet, so I can broadcast their offer on this website & let everyone know their tactics).

 

Has anyone been in a similar position to me here, & if so - any advice?

[lee in wales]

Hi davemac

i had exacly the same letter on friday, have a look at my thread Micheal Browne has posted a draft letter on there, might help

http://www.consumeractiongroup.co.uk/forum/natwest-bank/44709-lee-natwest-3.html

i was a bit premature with the won,

good luck, i'll let you know my outcome.

[DaveMac]

Thanks for that - has anyone actually sent such a letter to Cobbetts & if so, what was the reply?

[blue snail]

blue snail here

 

I got a cheque on thursday but I'm still holding my breath, it came with the account number on the cheque and i tried to pay it into another different account with no luck ! ! they will not accept it.

 

I rand cobbetts this afternoon and the upshot of it all is I am posting the cheque back to them asking them to just write my name on it. It really takes the shine off of victory when they are awkward right to the last minute, you would think a cheque was a cheque and that would be the last of the matter.

 

Has anyone else sent their cheques back ??

[muggins73]

blue snail here

 

I got a cheque on thursday but I'm still holding my breath, it came with the account number on the cheque and i tried to pay it into another different account with no luck ! ! they will not accept it.

 

I rand cobbetts this afternoon and the upshot of it all is I am posting the cheque back to them asking them to just write my name on it. It really takes the shine off of victory when they are awkward right to the last minute, you would think a cheque was a cheque and that would be the last of the matter.

 

Has anyone else sent their cheques back ??

 

I'm surprised this has happened to you, as with many other of my fellow comrades, this really has not made any difference to where it was paid in.

The fact of the matter is that the cheque is in your name and as long as it clears then who cares what they've written on it. Apparently, it is to do with a fraud prevention thingy-bob.

However, I have recently read that someone has indeed sent their cheque back requesting it be made out in their name alone and Natwest did so.

[petrafyde]

There are zoodles of examples of letters here on the forum which show how each user has refused this offer, OP.

 

Basically, you refuse the cheque, on the basis that you will only settle without conditions, because you can present to the court (if it were to get that far - and it wouldn't) that they are trying to intimidate you, the claimant into settling easily!

 

Read lots - its helps more than it hinders!