help me please,what do i do next ?

nottslass_2 · 16 November 2006 at 3:16PM

hi,sorry if i'm being a bit thick,but have just recieved a reply from capital one in regard to my request for a refund of charges.anyway they have only offered £90 but my claim was for £230,now, as i have no intentioin of accepting this what is my next step ? do i need to write to them,if so does anyone have a letter template? or do i just start court procedings ?if so how do i do this ?
please help with my next step

thanks

Red_Panda_2 · 16 November 2006 at 3:38PM

Hi Nottslass, what stage are you at with the letters now - was it the letter before action they responded to or you initial letter?

The letter they have sent you offering the lower amount do you need to sign and send back? if so cross out the full and final settlement part and write part payment and carry on with the claim.
If not you could write back accepting the part offer and informing them unless you receive the full amount within the timescale you will be continuing with the court action.

stick to the time table though so they have all the statutary notice, and carry on with the claim as normal.

nottslass_2 · 16 November 2006 at 4:42PM

hi red panda, it was really a letter before action as i didnt send an initial letter,the letter basically stated why and how much i was claiming for, saying that i reservered the right to commence court procedings without further notice. should i just write back thanking them for the reply,accept the £90 in part settlement ,but how long do i give them to pay my claim in full before i start court procedings ?
you mention sticking to the time table,sorry don't suppose you could point me in the right direction of it,then at least i can stop bothering people with silly questions and just get on with it !

thanks

Rex_Mundi · 16 November 2006 at 4:54PM

Before you go to court, you need to give the bank a reasonable amount of time to respond to your original claim (it looks very bad at court if don't). A reasonable amount of time could be considered at least 28 days.

I would write back refusing the offer as a full and final settlement, but accepting it as a part payment without prejudice (no conditions attached), and tell them that you will proceed with the claim for the rest of the amount. Say something like 'if I don't receive an acceptable response within the next 14 days, I reserve the right to commence a court claim without further notice.

If they don't offer the whole amount (without conditions) after this letter. Start your court case.

help me please,what do i do next ?

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