Accepting part payments once papers have already been served?

saver6

I'm helping OH to claim £475 from Halifax, having already successfully beaten them before at just the letter stage. But I'm at a stage we haven't been at before. Help!

The moneyclaim papers were served to them 2 weeks ago and they acknowledged the claim on the same day (4th April). However they sent a letter to him today offering £232 as a goodwill gesture, and OH has called them to say that he will accept the payment as part payment of the full amount only and will pursue the rest in court regardless. This was over the phone so I'm not sure how best to proceed. The lady at the other end said she only deals in the settlement department, and it will be the legal team that contacts him with regards to paperwork in order to accept the amount, whether part payment or not. Having had a quick read on the process again it says he should refuse and proceed with the court. Should he phone them again to say that he doesn't want it unless it's the full amount? We're both getting a little antsy at this stage about doing something that might jeopardise him receiving the full amount, so any help from you lovely knowledgable people would be most welcome!

Also, I've just read that they have 14 days after they acknowledge the claim in order to enter a defence, but the moneyclaim status says "The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply." The initial 14 days was actually yesterday. Does that mean I can enter the default judgement today or at the end of 28 days, which would be the 4th May? How does that work in relation to the first problem???

Please help, need to sort it all asap!

dear_john_2

they have the first 14days to acknowlege your claim then another14 to put in a defence though my claim wasnt acknowleged for 18 days and the court has allowed this

saver6

All I realy need to know is what date I can put in for a default judgement and if it is possible to accept part payments and adjust the claim amount. Should we just phone them and tell them not to bother with the part payment as we'll just pursue for everything in the courts?

saver6

Can I bump this? Reeeally need some help!

Beate

Right. Count date issued + 5 days for it to be deemed served. Plus 14 days if they don't acknowledge. Plus another 14 days if they do (making 28 altogether from date served). As I don't know when your claim was issued you have to do the maths yourself. You cannot enter judgement before that time is over (and might not for another day or so if it falls on a weekend).

And yes, of course you can accept part payment and adjust the claim. When you receive the part payment, ring the court and inform them, adjusting the amount. Then write the bank a polite letter, stating:
"I cannot accept your offer of £xxx as full and final settlement of my claim. I will accept this as part payment and without prejudice, but will continue my claim for the balance. I have made a reasonable effort to settle this claim before issuing a court claim, but you ignored my efforts to settle this. Seeing as I have now had to issue a court claim because of your failure to deal with my claim in a timely way, I will now settle only for the full amount of charges+statutory interest+court fee."

Hope that helped

saver6

Yes very helpful, thanks!

The bank are sending him all sorts of timewasting letter, and they're all coming from different departments. Sounds like this claiming lark is going on overload and they can't cope with the amount of paperwork!