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Abbey or Santander lawyer blurb ...
HAVEFAITH
Posts: 557 Forumite
Hello all,
I was refused a full refund on a store card so issued online moneyclaim. After this was issued I was then made an offer of 1/2 of what I am owed. I had a message from their lawyer as follows:
" Dear Sir,
Our firm views the terms of the Consent Order to be entirely reasonable. The offer of settlement is made on a pure economic basis, to avoid further costs and court time. It is made without any admission of liability.
We believe that your claim is fundamentally flawed and we reserve the right to show this correspondence to the court and to apply for wasted costs on the basis of our offer being refused. Our settlement offer shall remain open for 10 days.
You may be aware of the decision in the Supreme Court which would no doubt bolster my Client's position "
The last paragraph mentions the Supreme Court decision back in November - but that was for bank charges. This is for store/credit card fees.
Does anyone have an opinion/advice on how I should respond please?
I was refused a full refund on a store card so issued online moneyclaim. After this was issued I was then made an offer of 1/2 of what I am owed. I had a message from their lawyer as follows:
" Dear Sir,
Our firm views the terms of the Consent Order to be entirely reasonable. The offer of settlement is made on a pure economic basis, to avoid further costs and court time. It is made without any admission of liability.
We believe that your claim is fundamentally flawed and we reserve the right to show this correspondence to the court and to apply for wasted costs on the basis of our offer being refused. Our settlement offer shall remain open for 10 days.
You may be aware of the decision in the Supreme Court which would no doubt bolster my Client's position "
The last paragraph mentions the Supreme Court decision back in November - but that was for bank charges. This is for store/credit card fees.
Does anyone have an opinion/advice on how I should respond please?
"onwards & upwards"
0
Comments
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Do you want to accept the offer? Or do you want to have your day in court?
If you don't want to accept the offer, I wouldn't respond to the letter at all.
If you do want to accept the offer, write to them saying so and then close the mcol claim (after you actually get the money)"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Do you want to accept the offer? Or do you want to have your day in court?
If you don't want to accept the offer, I wouldn't respond to the letter at all.
If you do want to accept the offer, write to them saying so and then close the mcol claim (after you actually get the money)
it's only half & I want all of it back. The mention of the Supreme Court is surely wrong?"onwards & upwards"0 -
it's only half & I want all of it back. The mention of the Supreme Court is surely wrong?
What was your Particulars of Claim(POC) since store card charges had no cross over to bank charges cases.0 -
natweststaffmember wrote: »What was your Particulars of Claim(POC) since store card charges had no cross over to bank charges cases.
A straight forward store card claim for late charges"onwards & upwards"0 -
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natweststaffmember wrote: »Call their bluff and tell them that you'll take 100% or see them in court.
I did & here was their reply ....
" Dear Sir, Please note no area of law operates in isolation. My Client has confirmed that they are bolstered by the decision of the Supreme Court. As previously stated the offer remains open for 7 days. Thereafter our instructions are to prepare for the hearing. The Court will be made aware of any refusal which results in unnecessary court time when the issue of costs is raised "
So I have been offered approx half of the claimed amount. I stand firm for the FULL claim. In my reply would it be prudent to mention I'll accept the offer made thus far & go after the rest. What's best please??
Some help here please .."onwards & upwards"0 -
If you don't wish to accept the offer of the Consent Order, I wouldn't reply but just allow them to prepare for their client's impending court hearing.I did & here was their reply ....
" Dear Sir, Please note no area of law operates in isolation. My Client has confirmed that they are bolstered by the decision of the Supreme Court. As previously stated the offer remains open for 7 days. Thereafter our instructions are to prepare for the hearing. The Court will be made aware of any refusal which results in unnecessary court time when the issue of costs is raised "
So I have been offered approx half of the claimed amount. I stand firm for the FULL claim. In my reply would it be prudent to mention I'll accept the offer made thus far & go after the rest. What's best please??
Some help here please .."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
If you don't wish to accept the offer of the Consent Order, I wouldn't reply but just allow them to prepare for their client's impending court hearing.
They have corresponded with me via email on the last 2 replies. I have kept it short & said I will only accept the full offer on each reply."onwards & upwards"0 -
Erm the decision has no bearing on store or credit cards, you can't help it if there legal advisors are making an error. You are doing the right thing.Mixed Martial Arts is the greatest sport known to mankind and anyone who says it is 'a bar room brawl' has never trained in it and has no idea what they are talking about.0
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davidgmmafan wrote: »Erm the decision has no bearing on store or credit cards, you can't help it if there legal advisors are making an error. You are doing the right thing.
Yes thank you for your contribution. Their legal people are trying it on I feel."onwards & upwards"0
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