offer minus interest

[bigsteve]

hello, hsbc have offered me the fees but minus the 8% interest. i obviously dont want to accept this, but i cant find a template letter, does anyone have a template or alternatively, any advice on what content should be in a letter of my own composition?

steve

[jscouser2002]

hello, hsbc have offered me the fees but minus the 8% interest. i obviously dont want to accept this, but i cant find a template letter, does anyone have a template or alternatively, any advice on what content should be in a letter of my own composition?

steve

 

What stage did they offer you the amount minus the interest?

 

You should really accept that as the rest is total greed and you will be getting what is rightfully yours and it wont look good in court if you refuse

[bigsteve]

hi thanks for the replies, the offer was made after i sent the letter requesting full payment. i had not registered any court action. surely if were entitled to the interest we should pursuing it no? they're sharp enough to charge us interest, 12% on a credit card etc. am i not giving in by accepting this?

steve, lets ave em!

[jscouser2002]

hi thanks for the replies, the offer was made after i sent the letter requesting full payment. i had not registered any court action. surely if were entitled to the interest we should pursuing it no? they're sharp enough to charge us interest, 12% on a credit card etc. am i not giving in by accepting this?

steve, lets ave em!

 

Well its up to you but if it looks bad in court then i would not think its worth the gamble

[overcharged_consumer]

You've got to take the full offer. You can't claim the 8% interest before it goes to court so if you haven't actually filed a claim with the court you're not entitled to 8% anyway.

 

If you refuse this offer and then take it to court then it's pure greed and the court are likely to throw it out because it shouldn't be there in the first place given an offer of FULL settlement had already been made.

 

Take the offer.

 

OC

[bigsteve]

i think ill accept in the light of your replies. i was under the misapprehension that i was entitled to the interest regardless. its only £475, maybe thats why they've made the full offer. cheers for the advice folks! nationwide next.

steve

[maverik1979]

let us know how you get on with this current one

[Spiceskull]

You have a duty to mitigate your losses. If they have offered the full amount, and you have not yet raised a claim in court, you are bound to accept it, assuming that the offer is unconditional.

 

As has been posted elsewhere, the s.69 interest is applied pursuant to the County Courts Act. As you have not yet raised a claim in the court the act does not apply.

[meagain]

If you refuse this offer and then take it to court then it's pure greed and the court are likely to throw it out because it shouldn't be there in the first place given an offer of FULL settlement had already been made.

 

To play Devil's advocate here, isn't such an offer made without prejudice, and thus inadmissible in court anyway?