Accepted partial offer, need wording for letter to continue claim

[fallingleaves]

This is my first post to this site having just registered. I think the explosion in the number of us claiming charges back has resulted in an avalanche of misinformation being posted on sites. I need some clarification on my situation.

 

I claimed £5345 from Halifax, they offered just over £3000 which has been deposited in my accounts. I want to continue the claim for the remainder plus interest.

 

I rang them to see if we could settle to be told that it was a "full and final settlement", when I replied that that's what I expected them to say the lady I was speaking to got a little upset. She also said that if I continued with the claim they would contest it. Again you'd expect them to say that too.

 

I know what she said is nonsense and particularly as I haven't signed anything I can carry on and get the remainder.

 

What I need is some guidance on the wording of the letter. I have searched this forum and other sites and I can't seem to get a definitive answer.

 

Your help would be greatly appreciated.

[Spiceskull]

All you need to do is let them know that your claim has not been settled to your satisfaction. Their deposit of £3,000 is meaningless, and the "full and final settlement" aspect has no bearing on your claim - they have no right to dictate this condition without your consent.

 

Let them know that you will be continuing with your claim for the remainder, although in the court you will make the judge aware of the part-settlement deposited in your account without your knowledge or consent.

 

They can, howver, prevent a hearing, by settling, IN FULL, before any such hearing, and once done, and after the funds have cleared, you will notify the courts that the claim has been settled and therefore withdrawn.

 

Good luck.

[Mr lex]

Hi Fallingleaves,

 

All the information you need should be here :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

If it's not what you need, please get back to us.

 

This is what I sent to Barclays :-

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-413931.html

 

Lex

 

Barclays do pay http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/42260-alex-barclays.html

[fallingleaves]

Thank you very much for the above replies, let me clarify the situation.

 

The offer was made to me by letter and I have accepted it. The money was placed in my accounts a couple of weeks ago. I was not required to sing anything merely to allow the money to be deposited if I wanted to accept it.

 

My question is specifically about the wording for the letter I need to send them explaining that while I have accepted their partial offer I fully intend to claim for the remainder plus interest.

[Mr lex]

Hi,

 

As I understand it, you can not claim the 8% interest until you file at court, but I stand to be corrected !!!

 

I feel that this letter, changed to suit your own situation should cover you:- http://www.consumeractiongroup.co.uk/forum/show-post/post-530958.html

 

Let us know what you think !!

 

BTW, Do you have a thread here, or anywhere else on your claim, so we can see what you have already sent in the way of S.A.R and repayment requests ?

 

Lex

[fallingleaves]

You are quite right in saying that you cannot claim interest other than in a court claim. I'm not sure I know what you mean by SAR claims. I have sent the letters as laid out in the many information websites that are now online.

[Mr lex]

OK,

 

S.A.R - (Subject Access Request) This would be the letter you would send to retrieve your back statements from the bank, or did you already have then ?

 

Then you sent your request for repayment, obviously.

 

They have made a offer, and placed the funds in your account. The refund is less than you are prepared to accept. (but it's a start;) )

 

So now you need to send them the letter I posted above,(http://www.consumeractiongroup.co.uk/forum/show-post/post-530958.html ) putting in own your details. You give them 14 days to reply/repay after that , then it's time to file at court. We can give you all the links you need to help you though the court process.

 

Good luck and let's know what happens.

 

Lex

[fallingleaves]

Thanks again, I have edited the letter down to what I think I need. I don't want to give them the opportunity to take the money back that they've already deposited.

 

Here's what I've come up with, I'd appreciate your comments :-

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated 1st May 2007.

Would you please note that I have accepted the sum of £3024 without prejudice as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

I respectfully request, once again, that you return to me all charges imposed on this account, totalling £5345.

I trust this clarifies my position.

 

 

Yours faithfully

 

I'm not sure whether to give them 7 or 14 days before I threaten them with a claim. What do you think?

[sea-sidelady]

You dont have to give them any extra time from a rejection letter.

 

Carry on with your time scales.

[Mr lex]

I feel that as this is going to be your 'Letter before Action' it may be best to give them 14 days before you file a claim. At least that way you are staying on the right side of the law. I'm I right that you have not yet submitted a L.B.A. ?

 

The rest of the letter looks fine.

 

Lex

[fallingleaves]

I have followed the procedure to the letter so far so all the relevant paperwork has been sent including the LBA.

 

I thought out of courtesy a 7 day limit would be sufficient before claiming, what do you think?

[Mr lex]

Yes OK, I agree with that. I would recomend that you use the N1 court papers for your claim, they give you more room to get all the details in.

 

See here :- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Lex

[fallingleaves]

Here's the letter I've drafted taking into account the advice offered above. I would appreciate some feedback before it's sent.

 

Thank you for your letter dated 1st May 2007.

Would you please note that I have accepted the sum of £3024 without prejudice as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

I respectfully request, once again, that you return to me all charges imposed on this account, totalling £5345 minus the above sum which leaves a remainder of £2321.

I feel that 7 days from the date at the top of this letter is a fair amount of time before taking action through the county court process to reclaim the above amount plus 8% interest and my costs.

I trust this clarifies my position.

What does everyone think?

 

 

 

[sea-sidelady]

Just wondering why you arnt sending one from the templates?

[fallingleaves]

Because despite searching various websites and forums I can't find a template for a straightforward partial offer acceptance that doesn't involve conditions and other elements which are not relevant to my case.

 

I have adapted my letter from a template on this site but had to chop quite a bit out because it wasn't applicable to my situation.

[sea-sidelady]

Ok, fair enough.

 

Yes the letter looks fine.