help with letter refusing goodwill gesture please

Zammo_on1 wrote: »

I've just been made a partial offer from Abbey for about a third of what I had requested back - they made it clear in their letter that their charges are correct but that they will offer me a partial refund as a 'gesture of goodwill'.

My question is this: -
Has anyone else been offered a partial refund (or gesture of goodwill) and gone back to Abbey to demand the balance and been succesful??

And if so what is the procedure and how long did it take?

You can accept this offer as 'partial settlement without prejudice and advise that you will continue to court to reclaim the remainder if neccessary. Technically this would be your LBA (letter before action) and so the procedure then follows on to court.

How long it will take to settle completely will vary depending on how long it takes for them to accept/reject and how busy the court is to actually hearing your case but hopefully someone who has actually done it can advise how long it was for them. Alternatively go to the success thread and run a search for Abbey. I have collected stats on how much they paid out and at what stage but not as to how long the process took so I cant help with that sorry. Good luck in your claim

You can find the apprioriate thread to place this question, who are you with? There are loads of people in your situation and you can say you'll accept the £1800 as part payment 'without prejudice' and intend to to pursue the rest.

sammie31 wrote: »

Hi All
Lloyds have sent me a letter offering part payment, which I am not happy to accept.
Just spoken with moneyclaimonline and they have advised me to send a letter so it's on file that I wont be accepting their offer.
I cannot find a letter that says...'Thanks but no thanks, pay up by return or I'll see you in court....'!!!
Need to send this off today, as Lloyds have until Wednesday to acknowledge the court.

I dont think you have to accept part payment while waiting for the rest
Thanks in advance
Sam

Hi Sam,
This has been posted before - hope it may help:
Just change the XXXXX to your info!!! Its very important you use these words - part payment without prejudice from what i have read!!

Thank you for your letter dated XXXXXX. I am writing to inform you that I accept the money that you have refunded into my account as part payment without prejudice but that I intend to proceed with my claim for the full amount.
You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on (enter date) and I would ask that you now refer this matter to your legal department for further instruction.
Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (enter amount) plus interest without further conditions and I will inform the court that the claim is settled.
Please note that the amount refunded to my account as of todays date is (enter amount).

Hope this is of use to you. I have since had a letter back from the Abbey with a copy of the defence that they have filed in court. Just have to wait for a court date now and see what happens. Have to admit that I am getting a bit nervous now but am determined to hold out.


Hope it helps a little
Good luck

ukdesigner wrote: »

Hi all,

hopefully someone can advice me as to what to do on this one. I will try and break it down as simply as possible.

Wrote to bank (like everyone else) and asked for money back
Got a reply - as usual - go away
wrote back - heard nothing for a while and then all of a sudden got £750 put into my bank account.
Then all of a sudden £750 appears in my bank and a letter drops on my floor telling me that they've given me £750 as a goodwill gesture and that this is a final offer.

Now here's the thing. I am chasing £3500. Do I write back and tell them that I don't want the money and that I am pursuing this through the court and ask them to take the £750 back OR do I say that I am accepting this money but only as part of the settlement?

Any advice would be appreciated.

usually you have 14 days to accept offer

i would carry on with claim and say you are not willing to accept 750 pounds but will accept as part payment carry on with process and give them a ring as well and say you are not happy but you are willing to accept xxxx amount to end the claim process

be nice but barter with them

This is a ploy many of the banks are trying. I wrote back enclosing the cheque and said I was not prepared to accept this as full and final settlement and would they pass the details on to their legal department as I had commenced proceedings with MCOL.