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thanks gemspan i owe you one.

Is there a template letter anyone knows of i can use to say basically "thanks but no thanks - see you in court"? I have looked and read other threads but nothing. PLEASE!!!!!

What a star you are. Really what i wanted to hear!! Thank you so much. i will have a scrape around and find a letter to send to them, will keep yo uupdated with any developments. Thanks again Dan

Ok Here is the letter they got... (They are basically the same) I have recieved and have been dealing with proceedings, which you have brought against the bank of Scotland in Aberdeen.... Your claim relates to bank charges.... blah blah blah.....as per t's and c's. however, on a purely commercial basis, it will cost the bank of Scotland money to defend your claim in terms of legal costs that will be incured. It is unlikely that BOS will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are generally not awarded. For this reason but without addmission of liability, BOS is willing to reimburse £551.00 in respect of bank charges incurred together with £143.26 in respect of approximate interest - please see attached schedule (there wasn't one attached). The bank will also reimburse the £39 in respect of the court fee. This ammounts to £733.26. The bank does not consider that you are entitled to the further £190 that you are claiming within the time period of 25th July 2001 to 17/02/04 (that is exactly how it was written - different styles of displaying the date - very odd) Please comfirm with 7 days (I thought it had to be 14 days) that you are willing to settle your claim upon these terms. Upon receipt of your agreement, i will arrange for £733.26 to be refunded to your account. we are keen to help.... ultimatley it is your responsability..... Yours sincerely, Lindsay Barnes Redress Assessor Core Business Team Customer Relations My mum and dad bascially got the same letter, offering slightly different amounts. Now then, for my questions.... 1. Is this refund for this 1st small claim we entered against them, or for the full amount? 2. What happens now? Do we reply saying we want the full amount back or we will see you in court, or do we settle and then persue the rest? If you look at it from a courts point of view, they have tried to offer a sum of money and the court may see it as greedy if we go after everything - The banks do incure some costs when the deal with excess OD's etc. 3. The bank say that purely on a commercial basis, it wouldn't be feasable to defend, yet they "do not consider that you (my bro and folks) are entitled to the remainder of the claim" - Surely they have shot themselves in the foot by stating its not feasable? Thanks for reading, i know its a bit of a long one. Any input would be greatly appreciated. All i need now is a little push with what to do next because i for one don't want to lose my family their money by giving them bad advice. This letter came on the 25th so time is an issue here aswell i'm afraid.

Ok, the forms have been submitted and now the bank have written a letter in return. They have offered my mum and dad, and my brother similar amounts of £700, but this is less then what they were claiming for through the courts. They have only given us 7 days to say if we are willing to accept this money or not. So where do i go from here? I have not personnally seen the letters as my folks have them. I am going out there tonight to look at them and i will have more details then but all i wanted was a bit of a "heads up" so i can give them words of encouragement - They are all a litlle worried they wont get the whole ammount back. Is the bank stalling for time and hopeing this settlement will be it? If we did settle, would be allowed to persue them for the rest of the money? I am sorry this message is a bit wooly but like i said i have not seen the letters, just been told what is on them. I will post up the letter contents tomorrow but i will really would like advice on this asap as there is a 7 day deadline. The buggers. Thanks in advance. Dan

I was hoping no one would notice It wont make a huge difference to my claim to be honest as most of the charges were put onto the accounts later than that. The thing is the BOS have not said anything about this previously or said that the amount should be .... so i am going with it. Hopefully when the court notice is given they will give up and give us the whole amount. Wishful thinking eh?