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Offer letter crossed with MCOL


girlynutnut
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I sent my LBA on 22 May. No response 14 days later (5 June) so I issued MCOL on 5 June.

 

Today (7 June) I receive a letter offering me my charges but no interest or costs.

 

The problem is their letter is dated 1 June and has taken 6 days to reach me. As their offer of settlement predates my issuing proceedings, do I have to accept it? They have, after all, offered me what I was asking for before I litigated! Worried that a Court may feel I was acting unreasonably to hold out for interest and costs now.

21/8/06 Intelligent Finance - S.A.R - (Subject Access Request)

1/9/06 Intelligent Finance Prelim Approach letter requesting refund of £319 charges

10/9/06 Intelligent Finance LBA sent

26/9/06 Moneyclaim Online filed - £385.88

12/10/06 Settlement of £415.88

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You do not have to accept it.

 

Even though it has taken 6 days to get to you the banks has had more than enough time prior to this to make you an offer.

 

What you can do is either accept the offer as it stands or go back to them and say that you will reject it and proceed with MCOL in order to get the interest and cost refunded on top.

 

Good luck

PPMAN159

 

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HI Girly

 

What date is the postmark on the envelope? Is there one?

 

As PP has said, just inform that you have already issued a claim and if they want to settle they must now include the interst and costs

 

Paul

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There's no date stamp but it has a 2nd Class POstage Paid franking stamp. Guess they'd forgotten that they were running out of time!

 

Thanks for the advice. Think I'll go for the full amount.

21/8/06 Intelligent Finance - S.A.R - (Subject Access Request)

1/9/06 Intelligent Finance Prelim Approach letter requesting refund of £319 charges

10/9/06 Intelligent Finance LBA sent

26/9/06 Moneyclaim Online filed - £385.88

12/10/06 Settlement of £415.88

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