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Guest ChloeJane

Hi Steve,

 

As discussed, it is better for them to defend rather than win by default as it just merely delays the process.

 

So I would send this letter to the bank by email or fax tomorrow first thing.

 

 

 

 

Name & Address of Bank

 

Dear Sir Madam,

 

Re: (Court reference number)

 

As you are aware I filed against **(Bank Name) on the ***(date) due to your refusal of settling my matter in full in relation to unlawful charges you placed on my account.

 

Correspondence was entered into at all stages and I believe I was more than patient and understanding with your replies. As you were not willing to settle in full, despite warning you of legal action that I would pursue in relation to this I filed a claim accordingly on the **(date).

 

I have today being the **(date) received a letter from you, offering an amount of settlement of **( amount offered), which is much less than the claim I have rightfully made for a refund of these charges.

 

You are well aware from all previous correspondence that I claimed the full amount of **£ prior to being forced to file in court which has incurred costs to do so. You failed to settle on this amount.

 

I have now claimed **( amount in full of your claim plus court costs).

 

Your amount of **(amount offered), is again not the full amount and at present you have failed to file a defence to my claim that was due on/is due on **(date required to file defence).

 

I am willing to accept your present offer as part payment to my claim only, however NOT as full settlement and will continue my claim accordingly till the full amount above is paid to me.

 

Might I remind you of your failure to file a defence at this stage and that I will apply for default judgement if no defence is filed, with your current offer as part payment and will deduct this sum from the amount still pursued by me.

 

Please be aware that if I am forced to take such action and amend my claim, then the costs of application to amend will be sought as further costs to be worn by you.

 

I hope this clarifies my position in full and respectfully suggest that if you do not wish to defend, that full settlement of my claim and court costs be agreed at this point, or I will accept the offer by you as part settlement and amend my claim with further costs worn by you and await the courts decision.

 

I look forward to your immediate attention in this matter and your reply.

 

Regards,

 

 

 

Your name.

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Guest louis wu

I agree with Chloe, but the banks are good at getting little extensions to the court deadlines, and a lot of courts have backlogs, so don't count your chickens yet.

 

Ultimately though, it is just a matter of time, and not very much of it now. You've done most of the hard work, and it wont be long (whether the defend or not) before you get a settlement offer for the full amount.

 

Good luck, and well done

 

Louis

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