scott150663 missing statements can i reclaim

[scott150663]

Hi Guys

 

When i had my successful claim i had 1 months statements missing so i didnt estimate these charges in my claim Claimed £00 for the month.......... I have today found the missing statements and the charges are 4 £1960 (1 month).........

 

Do u think i could claim 4 these as in the acceptance letter it has full & final settlement for dates prior and after the date that i want to claim for......

 

 

 

Hope this makes sense....

 

Any advice welcome

 

Scott

[steven4064]

What did you actually say in your acceptance letter? Did you mention dates or just something vaguer like "full and final settlement of my claim". I think it might make a difference

 

Steven

 

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[scott150663]

HI steven

 

copy of acceptance letter sent by me to cobbetts

 

Date 13/04/2007

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxxxxx

Sort Code xxxxxxxxx

Claim No: xxxxxxxxxxx in aaaaaaaaa County Court

 

I acknowledge receipt of your letter date 12/04/2007 and your

settlement cheque of £35987.94

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between 31/01/2001 and 01/06/2004

 

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 and will send a Notice of Discontinuance to the Court 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 £35,000 in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

Scott

[steven4064]

You said you accepted the offer "as full and final settlement only for this claim of bank charges made on my account between 31/01/2001 and 01/06/2004" - therefore you didn't rule out any other claim you might make for bank charges made on your account between 31/01/2001 and 01/06/2004 or indeed any other period.

 

At least, that's what I think you said

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability. Everything I know concerning the law I learned from this site.

[scott150663]

You said you accepted the offer "as full and final settlement only for this claim of bank charges made on my account between 31/01/2001 and 01/06/2004" - therefore you didn't rule out any other claim you might make for bank charges made on your account between 31/01/2001 and 01/06/2004 or indeed any other period.

 

At least, that's what I think you said

 

Steven

 

 

the date i want to claim for is August 2002 which is obviously between the 2 dates..........

 

 

So do u think i could reclaim this missing 1 month of charges as with 8% interest its nearly £3k ????

 

Thanks for any replies

 

Scott

[hedgey06]

Go for it scott!!! As steven pointed out, you only accepted full and final settlement for that particular claim - and you also said that you reserved the right to make any further claims.

 

Nothing ventured, nothing gained!

 

Should be a walk in the park after the first claim anyway!!!!

 

Hedgey xxx

[steven4064]

What hedgey said - it is what I was trying to say in a more roundabout way

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[hedgey06]

Blimey - I must be ill! Not like me to be 'to the point'!!!!!!!!

[scott150663]

thanks hedgey & steven

 

What im concerned about is i have £4k over 6 years (S32 limitations) + this £2k ..........in your opinions should i

 

1. claim both on 1 claim (it is the same account) or

2. split them into 2 seperate claims..

 

I will go with whatever u 2 recco as i cant make my mind up what to do..i need pushing i think.......LOL.....

 

I wont blame u if it goes t*ts up tho...........

 

 

ive asked the wife she just says "i dont care ask your mates., what do you think of my new dior sunglasses"..............No help........

 

LOL

 

Scott

[steven4064]

hedgey? - ladies first

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[hedgey06]

Wow........... what a gent!!!!

 

Personally, I'd be inclined to split the claims merely because of the s32 limitations on the £4K claim. This is where they're bound to really dig their heels in and push it all the way. Might be easier to take the claim that's within the 6 year timescale out of the biggie.

 

However.......... I'm a bit of a chicken at heart!

 

Steven? Over to you kind sir!

 

xxx

[steven4064]

I was going to say the same - the £2k should be reasonably easy, particularly with your experience, so you might as well have that and Mrs scott might want a gucci bag or something to go with the dior glasses - the s32 will be more of a fight.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[hedgey06]

 

.................... and a lady can never have enough shoes (may as well be jimmy choos!) xxx

[scott150663]

LOL...........LOL

 

Thanks guys

 

I will split the claim,thanks for the advice

 

Scott

[hedgey06]

Total pleasure! xxx

[steven4064]

Happy Birthday Scott

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[fendyweather]

YAAAAAAAAAAAAAAAAY HAPPY B DAY SCOTTIE. YAAAAAAAAAAAAAY, YOU CLEVER OLD DOG YOU.

 

Still basking in your glory. Ooooo yeah, basking..............xxxxxxx