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MCOL - 4 days 2 go - What then? ****WON!****


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Hi Lattie,

 

The thing is, I took the amount of interest debited and added that onto the balance eg: £4.49 Interest debited Account Balance: £-310.09

I entered £-314.58 onto the spreadsheet.

If this is incorrect will they know it is and drag the case out even longer or shall I stick to my guns as you say. The initial interest covering both accounts being claimed for is only about £50, it's the fact that it's got to the court and 8% interest stage that has got me worried.

 

If you think I should persevere then I shall. Is the letter they've sent fairly standard? eg: 'As such there is no question of our client refunding interest when your account was in an overdrawn state' ??

Thanks!!

 

Queenrac :smile:

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here's a little something from bong's long thread that we could use at a later point:

 

the defendant tries to make the case that the claimant has no valid grounds for claiming the overdraft interest that is claimed. This is to misconceive the grounds of the claim. The defendant’s statement that “the charges were, at any one time, a very small part [of the claimant’s overdraft borrowing]” demonstrates that the defendant has fundamentally misunderstood the basis of the claimant’s claim for overdraft interest. If one is overdrawn by say £1,000 and the cumulative charges taken at that point totalled £1,500, the effect will be that had the charges not been taken the account would not have been overdrawn at all. It is immaterial that the latest charge or even the latest couple of charges only formed a very small part of the overdraft borrowing – it is the cumulative effect of the charges that matters. The claimant’s claim for overdraft interest has been meticulously calculated and double checked to ensure that it only ever relates to the cumulative charges within the overdrawn balance of account at the point that the overdraft interest was debited. Mostly this means that all overdraft interest has been claimed, and validly so, and on other occasions this means that only an apportionment or fraction of the interest is appropriate, and the schedule to the claim reflects this.

only prob. being she says it was meticulously calculated - oops.

you've a couple of choices here:

1 bluff it out - send a rejection and keep going - hoping that they don't spot the mistake or that they offer higher at some point.

or

2 counter offer - send you own letter and ... well, here -i;ll show you:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of and thank you for your letter dated xx/xx/xx and your settlement offer of £1036.74.

 

.

 

Unfortunately your offer has failed to include a portion of the charges I am claiming and also my court filing fee of £120 and therefore I am unable to accept your offer as full and final settlement. I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £1250.00. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

The total amount I would accept is £1250.00. Should you agree to pay this amount, I would accept it as full and final settlement for this claim.

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £1250.00

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £250.00, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

 

it looks a bit untidy - you'd have to clean it up a bit - but does that work for you? you are offering to negotiate - it's about half way between where they are and where you'd like to be - so, why not - especially if it draws a line under it and you don't have to try to defend those o/d calculations. any good?

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  • 2 weeks later...

Hi Lattie

 

Forgot to say at the time but thanks so much for this letter.

I sent it off to DG last week and am still awaiting a reply. IF they decide to pay up I'll have got all that I was owed plus the court costs back, i'd only be missing the interest @ 8% which I'm ok about.

 

Hopefully I'll be able to post soon with good news that they are going to pay up!!

Fingers crossed, hope to speak soon!! :(

Thanks!!

 

Queenrac :smile:

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  • 2 weeks later...

Hi all,

 

Have re'd a letter from DG saying they are willing to pay the £1250 requested by me in the brill letter Lattie gave me.

 

I was all ready to sign and return but then re'd a letter from court telling me that DG had until the 10th April to submit their AQ or they had the right to throw the case out (I think, sorry it's not clear, letter not to hand.) Mentioned something about the defendant having until 10th April to file or the claimant would have the right to file judgement..??... does this sound standard?

What do you think I should do now? Is it likely that they won't file the AQ therefore I'd be entitled to claim the £1500 or shall I sign for the £1250?

With the bank holidays and all the letter wouldn't reach DG until after the court deadline so I'm a bit confused about what to do next!

Nearly there, I can almost smell the money!!! :)

Thanks!!

 

Queenrac :smile:

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well, personally - i'd take the offer and make it all go away - what's going on is if dg doesn't file their aq - it puts you in the postion of asking for a default judgment against them - and here's a little reading material for you which may help you make up your mind - when i read it is scared the bejesus out of me - default judgments aren't the be all and end all i thought they were when i first read the faqs. anyway read this that crusher sent me:

Remember, its actually best to try not to get a win by default.

You are better trying to ring debbie and get them to put in a defense, (although this is something that goes against my intense will to get the bailiffs in on hsbc...:grin:) as a default judgement normally results in loads more delays. The judge WANTS to get this case heard, not won on a technicality.

 

take a look at this.....

 

default judgement

 

so, after you've read that - i would hope you would agree that a bird in the hand is def worth two in the bush - you can go on hoping for the whole enchalada if you want to - but it will take time and more effort on your part - by my way of thinking - last year this time you didn't even know you could get anything back - now they are offering you 1250 - i'd take it and make it go away. of course, the decision is yours and i'd support whatever you decide - but i know what i'd do.

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Hi Lattie

Thanks for that, when I got home there was another letter from DG saying they had filed their AQ. i think I want to take the money and run!

Do I just sign and return and then contact the court to tell them we've resolved the issue???

Thanks!!

 

Queenrac :smile:

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do not contact the court until the money is in your account or in your hand.

 

here's an acceptance letter on your terms - not theirs.

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

 

and your price for confidentiality - maybe the difference between their offer and what you wanted - you won't get it - but it makes a point.

 

glad it worked for you.

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I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

and your price for confidentiality - maybe the difference between their offer and what you wanted - you won't get it - but it makes a point.
Actually, Lats, this figure is the settlement figure, not a proposed figure for your confidentiality.
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michael, so you can't just put in any old figure? like the difference between what you were asking and the figure they are offering? i thought you could put anything you wanted.

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I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

No you're asking them to make an offer, which you will then carefully consider, over and above the settlement figure
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I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of your settlement offer in order to be afforded this privilege by myself

How about this, any clearer?

 

You're not proposing a figure for your confidentiality, just saying that if they want confidentiality they will have to make an offer in excess of the settlement figure. It's not a serious proposal since we know they will agree to an unconditional settlement. It's just a polite way of saying 'stick your confidentiality'

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i get the irony - that's why i thought it would be good to put the bit they aren't agreeing to in there. so, can you put anything - like £1,000,000.

 

bet you think i'm thick now - don't you michael?

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Hi guys

I signed the letter that they sent to me. I crossed out the I promise to keep things confidential.

Have sent it back now, should I send the one you have put here or is it too late??!?!?! :confused:

Thanks!!

 

Queenrac :smile:

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  • 3 weeks later...

Hi all,

 

 

Just to let you know that DG have finally paid up!!!

£1250.00 credited back to my account! HURRAH!!

 

I'm really chuffed and just wanted to say thanks to all for their advice and support, and to keep up the good work!!!

 

Thanks again & good luck to future people trying to get their hard earned money back!!

 

:D (Does this mean I get some stars either side of my topic???) ***WON***

Thanks!!

 

Queenrac :smile:

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i'll see about getting you some stars!!!!!

 

 

stars appearing shortly,

and a move to the success thread,

don't forget to write the court and tell them it's been resolved.

well done!

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  • 3 weeks later...
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