help with letter refusing goodwill gesture please

elsbels_3

I am currently taking Barclays to court for just under £2000. A few days after the papers were served they made me an offer of £1200. I do not want to accept this offer as I have also paid court fees of £120 and I am in the process of claiming for two other accounts with Barclays. Do I need to contact them or the court or should I just ignore it?

Beate

Don't ignore it or they will assume you have accepted and credit your account. You can either reject it out of hand, then write something like that:

"I cannot accept your offer of £xxx as full and final settlement of my claim. 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."

If you want to accept this as part payment, insert this as your second sentence: "I will accept this as part payment and without prejudice, but will continue my claim for the balance." Once payment has been made you would have to inform the court that part of the claim has been paid, and amend the amount you are now claiming for. That would cost £35.

Stephen_Leak

Beate wrote: »

"I cannot accept your offer of £xxx as full and final settlement of my claim. 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."

I have just copied that onto my pen drive.

brooklyn1980

Lloyds TSB offered me £750 of my £1400 that im claiming, I have already submitted the claim online for the full amount and wanted to carry on with that rather than accept the part payment but when I checked my account over the weekend the £750 has been payed into my account.

Any advice???

Princessa_2

Hi!

My mum is in the process of claiming back her bank charges, she's sent off both letters and has paid her £120 to the small claims court to start proceedings, and this morning she has had a letter from the bank basically saying they don't agree she's entitled to it, but here's £700. They've put the money in her account, but obviously she's owed alot more and still wants to go for the extra money so still going through the court bit.

But now, does she need to let them know that is what she's planning? Does she have to send the £700 back, or will it just be deducted from her final 'win'? Sh'es put it aside so it doesn't get spent, but just wouldn't want her to get nothing in court as she's been seen to have 'accepted' the £700, if that all makes sense.

Thanks in advance

davefcuk

Hi there,

Its a good sign they've already offered a goodwill guesture as the banks are so snowed under they normally aren't replying.
You need to let the bank know that without prejudice you will acccept their offer as a partial payment and will be pursuing them for the rest. Normally there is aphone number that you can call on the letter and ask for more maybe they'll settle over the phone if not keep on fighting to court.
Best of luck

beckied

your mum hasnt signed the forms and "acceped payment " has she you need to do what dave has said "without predjudice" if not. If she has signed the forms and sent them back then you carnt fight for more im afraid.
The £700.00 all you need to do is take it from the total at the end you will not need to send this money back to the bank
Have you tried to negotiate over the phone!!
tell them that you are still taking this case to court has this is not he money we are asking if they do not renegotiate there offer then you will still go ahead.

geoff1057

is there a limit to the amount of court cases that you can have on the go,at any one time? already have MBNA filed, Barclays,and Fiat Finance are due for proceedings now, should i continue with both of these ???

Kurt_Hamster

geoff1057 wrote: »

is there a limit to the amount of court cases that you can have on the go,at any one time? already have MBNA filed, Barclays,and Fiat Finance are due for proceedings now, should i continue with both of these ???

Nope you can claim as many as you like.

It's going to be a headache keeping everything in order though. Personally I'd do them one at a time.

Princessa_2

Thanks for the replies. No she hasn't signed anything to say she's accepted the £700, they just sent her a letter saying they would give her £700 and now she has it in her bank. So if she sends another letter saying that she will accept it as part payment towards the final amount, and will be pursuing them via the cours for the remaining amount, that'll be ok?