Settlement .... Do I accept???? HELP!!

[osxpaul]

Hi I've put in a court claim for my sister, however a letter was recieved a couple of days after offering about 80% of the money not sure if this was a cross over in the post or they got scared!!!! My sister is desperate for the money and is inclined to accept the 80% which excludes court fee and interest..... I told her to wait but her situation at the moment means she can't .... if she makes an acception now is there any way she can write and say she will accept the money but is still pursuing for the rest???? :?

 

Helen

[nettyg]

you could accept as partial settlement only as you have filed your claim in court and incurred further costs and interest. tell them that you will continue to recover the rest of the money - however, this will take more time to get back as they are so busy.

[osxpaul]

It wouldn't be a problem to wait as they need the bulk of the money now anyway and it would be a further £600 approx that they would be waiting for.... they just didn't want to loose that extra by accepting the offer now.

Thank you for replying

 

Helen

[nettyg]

i don't know whether they would pay what they are offering now though if you don't accept in full. rather let you wait and claim all of it back - that could be a couple of months away. i'd be inclined to wait and get it all back - it's your money after all.

[Guest bong]

from what I know of HSBC they'll only pay now on the basis that it is in full and final settlement of that claim, so if you said you accept it as part settlement the offer would be withdrawn.

[osxpaul]

Ah Ok I suppose it makes sense..... I think they will accept which seems a shame but their situation gives them no other option.

Thanx

 

Helen

[Castlebest]

Might be worth a phone call to see if they will add the cost of the court fees to the offer.

 

pete

[lateralus]

probably too late, i've just caught up with this one - but i'd be inclined to send this letter:

 

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

 

Unfortunately your offer has failed to include my court filing fee of £120 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I would accept if refunded immediately is £XXXXX

 

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 £XXX

 

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 look forward to receiving your revised offer

Yours Sincerely

__________________

 

 

 

if you really need to take the offer - try this to get the filing fee out of them but i think you'll have to suck up on the interest - that's the result of not waiting it out - but i think you'd have a good chance at the filing fee. good luck and believe me - i understand that not all peeps are in a postition to wait these things out. that last bit is a little cheeky bit added - you could add your interest charges in there - you won't get them - but you might feel better about it!

[osxpaul]

Thanx for that, I'l give it a go and let you know the outcome.......!

Fingers crossed

 

Helen