Sarah v Abbey

[Guest anon]

Help needed please. Can someone check my letter rejecting a gogw from Abbey. They made the offer on the same day that my court claim was issued. Although they have offered MORE than I originally asked for, (Yes really!) their amount does not include the court cost. Also, they have said that the amount is 'to include cancellation of charges yet to be debited to your account'. iI presume that this could mean any charges incurred from now on. I do not want to jepordise my chances of making any further claims so I have decided to send a modified version of your library letter 6 to reject the offer. I have calculated that charges debited/yet to be debited since making my claim have already amounted to a further £250 so I will probably make a separate claim for that amount at a later date. I have amended the letter to say that they may want to increase the offer to include additional charges debited/yet to be debited. Too pushy??? Please comment - the more the merrier!! Thanks.

 

'Thank you for your letter dated 3/04/07. I respectfully decline your gesture of goodwill offer.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 02/04/07 and I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£36.39) without further conditions and I will inform the court that the claim is settled.

 

Your letter states that you are happy to make a refund which includes cancellation of charges yet to be debited to my account. May I also then request that you consider increasing your offer by a further £250 to include additional charges debited since my claim/yet to be debited. This will then speed up the administration time and reduce the costs involved if I were to pursue this refund separately.

 

 

I trust this clarifies my position.'

[Mad Nick]

their amount does not include the court cost. That sounds normal for Abbey, but tough - you've filed so they're liable.

 

Also, they have said that the amount is 'to include cancellation of charges yet to be debited to your account'. This isn't normally them hedging against possible future charges - it's almost certainly actual charges pending from going overdrawn or beyond your limit last month which will be levied this month or next (on about the 10th of the month on my account). There are three ways of dealing with your extra £250 of charges : do further claim; include them in the inevitable pre-Court haggle; or, to be sure, amend your claim (using form N244, costs £35 not refundable though). I think #3 is your best option in this case.

 

You invited comments on your letter - I just found it a bit confusing because at one point you asked for £39 more, then you asked for another £250, and I wasn't sure you were getting your court costs back. I think you need to be crystal clear to Abbey about what you want and intend to do, otherwise you'll end up with a very confusing situation downstream.

 

'Thank you for your letter dated 3/04/07. I respectfully reject your gesture of goodwill offer.

 

I would also inform you that, in view of your refusal to enter a sincere dialogue or to disclose your actual costs in relation to my breaches, I commenced legal action against you on 02/04/07 for repayment of £XXX charges plus £YYY interest. Claim number ******* refers.

 

Your letter mentions some future charges. Please note that I intend formally to amend my claim to include these which will increase my claim to £AAA charges and £BBB interest. I will do so unless I hear from you within 7 days regarding settlement for the full amount of £AAA+£BBB plus the Court costs which I have incurred to date of £CCC.

Regards, Mad Nick

[Guest anon]

Thanks. I will amend my claim as suggested and clairfy my letter. Can I amend the claim online?