Preparing for court in Birmingham***WON***

[bex1408]

Hi everyone

 

After speaking with Bankfodder i sent a letter to the courts 2 days ago asking for my court date to be adjourned. Last night i received a letter from DG offering me 1735 (claim total is 1735,26 before daily interest) which obviously i want to accept.

 

My questions are.

 

1, is there are standard letter to accept the offer and refuse the conditions attached (no further claims and confidentiality) i'm sure i've seen one but can't find it anywhere

 

2, once i return this too them (i'm going to fax today and also post) how quickly will i see the money

 

3, obviously i need to tell the courts, do i tell them its settled now or wait for the money to be paid to me?

 

Thanks everyone.... a very delighted bex1408 :o)

[freakyleaky]

CONGRATULATIONS !!!!*****

 

 

[freakyleaky]

I will post a letter for in a moment. Do not cancel your claim until you have your money. Once you have it Just let the court know that the claim has been settled and no further action is needed!

It took about 5 days for my money to come through!

Once again congratulations and enjoy the money!

[freakyleaky]

This is the letter I used!

 

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

[bex1408]

Thanks Hun

 

Hope you don't mind that i've pretty much copied and pasted.

 

I'm going to fax the letter over to them now, i've enclosed their original letter as the account is a joint one and it requires df signature.

 

I've just crossed off anything that refers to us refusing to make other claims and confidentiality.

 

I'll also post the same thing to them today.

 

Thanks again for all the help you've given me ... feel so good today

[freakyleaky]

I bet you do feel good! It's like having a massive weight lifted!

 

Enjoy the money!

[Castlebest]

Well Done Bex !!!!!!!!!!

 

Took about 10 days for my money to come through so very soon now and wait until you have the money before you cancel your claim.

 

pete

[bex1408]

Thanks Pete

 

Do you think they'll pay up a little quicker as my court date is in 7 days, they won't know i've asked for it to be adjourned yet....i'm hoping so anyway

 

 

Ooooh just got a msg to say my thread title has now been changed to ***won*** how exiting

[pinkduchess]

congrats

[bex1408]

Thank you

[lateralus]

well done you!!!!

and you got to speak to bankfodder - whoa! big guns!

really, very, very pleased for you -

just another example - it's all here - just have to follow the plan!

CONGRATULATIONS!!!

[bex1408]

Thanks Lattie... i think without your help i'd have been a lot more nervous. It was genuinely appreciated.

[bex1408]

Morning everyone, i'm after help again if you wouldn't mind please

 

I've received a letter from DG today thanking me for returning the signed settlement letter. The have confirmed that the agreed sum will be credited in the next 14 days.

 

However, my original court date (i haven't heard from the courts yet about the case being adjourned) was for the 27th (wednesday) which is obviously before this 14 day deadline has expired. They also ask me to write to the court quoting the claim number and confirm its been settled directly and that the claim might be marked as completed

 

They have asked me to sign the letter which says on the bottom

 

i confirm that agreed settlement funds have been received from the defendant and that my county court claim is concluded.

 

Obviously i'm not going to sign or post anything until i've had the money. My question is should i be calling them and telling them that i must have it before the 27th and also, they mention paying it into my account but this account is now closed so should i request a cheque or give them my current account details??

 

Thanks for any help in advance

[freakyleaky]

Yes I would contact them and remind them that you require payment of cleared funds before then! You can ask for a cheque or give them details of another account. They should in reality be able to do it imediately! Keep us posted!

[bex1408]

Hows this?? - to fax?

 

Dear Rachel,

 

I acknowledge receipt of your letter date 21 June 2007.

I require cleared funds of £1735 no later than 3pm on 26 June 2007 in order that I will write to the courts and confirm that my claim has been settled with me directly and may be marked as completed and return your signed letter to you.

 

As HSBC will be aware, this account has been closed since 2005, but you can make immediate payment to our joint HSBC account, sort code 40-xx-xx, account number xxxxxxxx.

 

I trust that this clarifies my position. Should you require any further information, you can contact me on 07xxx xxx xxx, email xxxx or fax 0121 xxx xxxx.

[freakyleaky]

That ;ooks fine to me but they don't always respond to faxes. I would send a fax, a recorded letter and leave a message on their answer phone! No reason for them to delay then!

[bex1408]

Will do thanks, let you know if and when i hear anything

[freakyleaky]

[bex1408]

So i just checked my current account and noticed that they paid the charges in yesterday and then recalled them today

 

So i called them and was passed to the service quality team, who told me that the funds need to be bounced through a live account and that a cheque had been issued and should be with me in the next 10 days.

 

I said that my court date is on wednesday so could they possibly just cancel the chq and issue the funds to my account and they said no

 

have left a voicemail on rachel tomlinsons phone, faxed my letter and also posted... i guess now all i can do is sit and wait?? What do i do though if i don't get the money by my deadline and i've still heard nothing about the court being adjourned.... can you see me getting nervous again lol silly i know

[freakyleaky]

Its the principal! What do they mean they can't cancel the cheque? What absolute claptrap! I can cancel a cheque after I have sent it so I am damm sure they can!

 

I think you need more input from the clever ones on this! Keep flagging it up until you get more info. Or maybe send Lat or pete a private message!

[bex1408]

That's what i thought.

 

Thanks hun, will send a PM and let you know how i get on.

[Castlebest]

Write a letter to your Judge, explain that you have accepted a full offer but have not yet received the funds, they may not be received until after your court date and you are loathed to cancell your claim untill the funds are recieved, ask for a stay of one week.

 

Tell them you will contact them by phone as soon as you receive the funds as well as confirming this by post.

 

Hopefully your Judge will issue the stay for a week untill you confirm the funds have been transfered.

 

pete

[bex1408]

Thanks. I've just printed a letter off now.

 

Genuinely appreciate all of your help.

[lateralus]

that's the answer - bug dg - don't sign anything and ask the court for a week's time to conclude settlement arrangements.

[sharongina]

just shows the lenghs they try totally agree with advise given