help with letter refusing goodwill gesture please

Kurt_Hamster

DSA244 wrote: »

I have received a cheque as a goodwill gesture as I no longer have a credit card with MBNA so they could not transfer the money. Can I cash the cheque as a partial payment or should I send it back as I am not accepting this as an acceptable offer??

If you aren't accepting it then send it back with a letter stating clearly why you aren't accepting it.

Cashing it can be deemed to be accepting the offer.

vmac

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.

Hi,

Your query reads fits mine exactly!
750 appeared yesterday while I was actually on the phone to Andover.
It's their current procedure, no cause for alarm .. they credit your account and write a letter saying its their final offer. I was assured by Andrew Hooker and Howard Callanan in the Andover Office, and on separate occasions, that this payment does NOT preclude the customer from pursuing the remainder. He was keen to offer me the Ombudsman's tele no to begin this process, until I pointed out that the Ombudsman has a backlog of months. Instead, I suggested I would be better offer sticking to my timeslines and would likely get a court date sooner than the Ombudsman opens any letter of complaint from me and so have already sent my 7 day letter threatening court proceedings, so next week I shall file a court claim. (interesting that they are advising contacting Omdsmn since they know too, that this woulod take an awfully long time during which A/ customer might go away / give up - Or new legislation comes into force)

Incidentally, when I pointed out that their goodwill payment was merely a third of that which I'm owed, Hooker told me "It's based on charges ecrued this year, and last year" before then, he tells me, "someone hasn't put any of the other noughts in".

So, while I'm also looking for a helping hand, I would advise you to carry on exactly as you planned - 7 day letter , then file court claim. If you win, the 750 is simply deducted from the final figure. There is no need to reject the money, is is a partial settlement and in my view, a hope that many customers will lay off. Perhaps if you're owed a grand, it would work but like you, I'm after 2942.50 (interest, 566).

Please keep in touch, we are the same !!!

Virginia MacNaughton

vmac

hi EG,

I can;t find the wording you refer to in your post about responding to the Final Offer Goodwill gesture , could you provide a link at all ?
Also, while I'm here, since I'm in the same boat as many (750 credited, 2942 claimed for), is it better do you think to hand over to FO or file court claim
? Is the difference only that the FO takes on the case and you won't have to bother with the court stuff ?

many thanks,

VM

Edinburghlass wrote: »

Standard procedure from Lloyds, hang on and I'll pop your post into a thread that gives you the wording on how to respond to the bank.

tezl

recieved offer 1765 claiming 2812.88 plus costs filed claim after this. want to write letter to bank to say i would except 2700 as final settlement. which leaves them a liitle bit. someone tell me proper wording please. good luck everyone. thanks.

BAILIFFCHASER

tezl wrote: »

recieved offer 1765 claiming 2812.88 plus costs filed claim after this. want to write letter to bank to say i would except 2700 as final settlement. which leaves them a liitle bit. someone tell me proper wording please. good luck everyone. thanks.

Write to the bank and tell them you will accept this as a interim payment and look forward to recieving the rest.

DeeDee07

Is there a template letter on here about the goodwill gesture.The one you send when you say thanks but im still going ahead for the res.
I am in the library and each page takes abt 30 seconds to load and i cant for the life of me find one.
I have 17 mins left and i need to get it printed off today.
Thanks xxxxxx

tezl

BAILIFFCHASER wrote: »

Write to the bank and tell them you will accept this as a interim payment and look forward to recieving the rest.

thanks. its this buisness of without predudice or not predudice because i am not asking for the full amount that baffles me, so the proper wording is important. thanks.

beckied

tezl wrote: »

thanks. its this buisness of without predudice or not predudice because i am not asking for the full amount that baffles me, so the proper wording is important. thanks.

Hi its without prejudice is the correct word that you need for this.;)

beckied

DeeDee07 wrote: »

Is there a template letter on here about the goodwill gesture.The one you send when you say thanks but im still going ahead for the res.
I am in the library and each page takes abt 30 seconds to load and i cant for the life of me find one.
I have 17 mins left and i need to get it printed off today.
Thanks xxxxxx

Hi i hope this helps it is the one that i have used on a didnt thread.
'Thank you for your letter received today.

While you state in your letter that you believe the charges levied are fair, I contend that I do not believe these charges reflect the true cost to Capital One.

The charges, as stated in my schedule provided to you, total £ 518.00 plus, as I believe I have been unlawfully deprived of the money, I have calculated £119.64 interest at the statutory rate.

I therefore ask that you repay me the full amount of £637.64. I have, again, attached a full schedule of the charges and interest with this document.

You have stated in you letter received today that it is your intention to calculate what you believe as fair charges and offset them against my claim and you have advised me that you are crediting my account with £190.00. This credit is not at my request and not what I have claimed. I do not accept these as fair charges. I noted your comments regarding the reduction of fees, but under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive. I believe that the charges you have applied to my account have been unreasonable and punitive.

I cannot, therefore, accept the sum of £190 as full and final settlement of my claim for £637.64 referred to in my letter dated April 4th,2007. I will accept this sum of £190 as part payment only, and without prejudice, but will continue my claim for the balance.

I will, however, be prepared to accept a full and final settlement of £518.00, less the £190 you state has been credited to my account, as full and final settlement which are the charges less the interest. Failure to agree this will result in action being taken through the Courts at which time I will request refund of all charges plus interest plus costs.

Please note that, as I have provided clear and documented evidence of my claim which you appear to continue to dispute, I will be instigating Court action in 3days unless you agree my claim.

Yours faithfully,

GOOD LUCK I HOPE THIS WORKS FOR YOU.

tezl

hi beckied, is that right in your reply letter that they are calculating what they think are fair charges now? have they admitted they charged to much. thanks