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Help!! bozwellox vs. HSBC : received offer, but already filed claim with court!!


bozwellox
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Hi everyone,

 

I have received a letter offering about £1500 of my request for £2100ish which to be honest I would accept. Only thing is I filed my claim with the court 2 days before I received their offer, so I've lost out on £120 (they did not respond within the 14 days I gave them, surprise surprise!).

 

What I am considering doing is replying saying thanks for the offer and that I would be willing to accept as long as they also cover the court costs which I have incurred.

 

Does that sound like a good plan?? Are they likely to agree to that without too much more waiting around, sending letters back and forth?? I found this template which looks pretty much what I'm after:

 

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

 

Unfortunately, I have already filed my claim with the court. That action has cost me a further £xxx. Were your offer to include my filing fee of £xxx, I would then be able to accept your offer as full and final settlement. I will accept an offer of £XXX.(filing fee plus their offer)

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new 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 of £XXX.

 

Should you not agree to this slightly increased offer, I will then continue with my claim to pursue the total amount claimed for. If I do not hear from you within seven working days, I will be forced to continue with 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 look forward to receiving your revised offer

Yours Sincerely

 

Has anyone used this letter with success, or know of anyone that has??

 

I am getting married in 2 months so I am willing to settle without the extra hassle and waiting, but don't want to lose out on £120 just because they didn't respond in the time frame I gave them!!

 

Any help gratefully received!! :)

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Thanks - any idea how it works?? i.e. do they just pay the money into your account including the court costs, or will there be more back and forth, back and forth palaver??

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OK, I'm ready to send this letter now but I have just spoken to HSBC's 'Service Quality Team' and they said that as I had already filed a claim with my local court that I should send my letter to DG Solicitors? However, I have yet to hear anything from them so is this right? Or should I send a letter to both HSBC and to DG Solicitors?

 

All this is being made all the more stressful by the fact that the postal service in Oxfordshire has ground to a halt whilst they are on strike!!

 

And advice gratefully received. :)

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