Settlement Offer What Should I Do?

[Dydie]

Hi Everyone

 

Capital One have sent me a settlement offer which is a reduction

of all fees to the amount of £12.00

This offer came after the letter prior to action, I have not yet

filed for court action

 

I do not want to accept this offer, so what should I do now ??

 

Go ahead and file in court without further notice

or write again refusing the offer ??

 

Is their offer likely to be seen as fair in the courts, in other words

am I running the risk of losing if I continue this claim in court ?

 

Thanks in advance for your advice

 

Dydie xx

[lickthewallfatboy]

tell them you are happy to accept the amount ONLY as part settlement,and that you will be pursuing the remainder,by legal means if necessary-but that you are willing to settle amicably for the full amount without resorting to small claims.

[Dydie]

Thank you very much for the help and guidance

Dydie

[lickthewallfatboy]

happy to be of service-if you think I've been able to help,please click on the scales top right

 

thanks

[clarkey1]

Dydie

 

I received the same letter.

 

If you have sent your LBA and they have not offer you the full amount then start a claim, you have set the time scale and advised them of what you require. If they are not willing to pay up in full then go ahead with the claim.

 

That I what I have done and have been successful.

 

Good luck

[Odie]

I have been helping my boyfriend reclaim his unfair bank charges after I was received a full refund from HSBC for £130. His charges though are somewhat higher and with a more difficult bank. We have worked out that the charges over last 10 years have amounted to £1980. 6 years is £1110.

We sent the LBA for 10 years to be reclaimed. The response was a 'Goodwill gesture' of just £700 as 'you did agree to the terms and conditons when account was opened.'

We don't want to settle for this amount, at the very least I think he deserves the full 6 years refunded. Am I right? Should I still try for the 10 years? Thus far we are not asking for the interest so surely the full 6 years is resonable?

What should be our next step?

Thank you

[familymac]

I am claiming £3852 charges from the Halifax bank. I have today received a letter offering £698 in full and final settlement as a gesture of goodwill. They also mention in the letter that future valid charges will stand and that they reserve the right to close my account if i do not manage it correctly. Are they using scare techniques (i know that they can close my account if it's not managed properly) and if so can they close my account whilst i am substantially in the black just because I have the audacity to claim my charges back!

What should i do now? If i send the rejection letter are they likely to be happy for me to take this to small claims?

Aaaargggghhhh, Help someone please!!

[knightreplica]

Its a fact that they wont be happy, however, its your money. take what is yours back, don't let them bully you, thats what they are hoping they can do, and they are only making the gesture of goodwill hoping you'll take it, to delay as they know they will have to give it back

[lesser1010]

are you saying that they have agreed to reduce each charge to £12 as mentioned by the oft.if so do not accept.the oft only said that £12 was the point at which they would get involved they didn't say this was fair or reasonable.stick to your guns and go for the return of the lot.lots of credit card company's have been refunding the total charges.

[snapsaddler]

hi

i have recieved a second settlement offer from NatWest, they have offered me £3300 as a "goodwill gesture" (yeah right!) this was after i turned down an offer of £2610 . the amount falls short of the claim amount and i really want to take on the big boys and win but...... i am a wimp! . Has anyone got any advice for me on how to proceed .

 

cheers

 

snapsaddler

[lickthewallfatboy]

write and thank them for the partial refund,and that you will continue to pursue the remainder

[snapsaddler]

i am claiming back £7416 does this change things ? . the bank seems confident

[lickthewallfatboy]

i am claiming back £7416 does this change things ? . the bank seems confident

no-the principle still applies,whether it is £74.16 or £7416.They only want to appear confident because they want to convince you to drop it.Just have a look and see how many claims they have defended.I think you'll be persuaded!!

[dhawkins]

been offered a 20th of my charges.....i have decided to take this all the way...will keep you all posted..

[josiem]

Just had the same reply from Cap 1, in response to my preliminary letter. All very polite and asking for feedback on how they were handling things, etc., but their maths was poor. I'm claiming £680 (34 penalties@ £20 each) and in offering to reduce these to £12 each they offered me £254 (which isn't even divisible by 12!)

 

I've spent a long time composing my reply, the bottom line of which is taking them 2 court if they don't either refund me the full amount or give me a breakdown of their actual charges demonstrating that the cost of each equalled £12. If I could work out how to attach it here, I would, in case you found it useful.

 

If you want to email me at rob.morrichild@freeserve.co.uk I will.

 

Good luck!

[snapsaddler]

i have decided to take this all the way . could some kind soul plese send me a link or advice on where to go next i have thanked them for a partial refund but said i am still persuing the rest ( how do i do this?) . i would in return be eternally grateful!

 

email to neilrsnape@yahoo.com

 

cheers

[lickthewallfatboy]

once the deadline for the LBA has been crossed,you go to the MCOL site and file your claim for all the charges they still have to refund you.You have to be able to back up any threat of legal action you have made by doing just that.....

[tango15]

Hi, I was with First Direct, and they refused my applications, so I went through the small claims procedure with the internet system. This morning I have received a letter from their solicitors in Birmingham with standard wording... 'confident that charges are reasonable...mindful of irrecoverable legal costs...etc., offering me approx. half of what I am claiming. Presumably your advice would be to reject this, and sit tight for the full amount? If so, is there a standard format for replying to this?

Interestingly, there is a 'confidential' clause included in the letter.

[lickthewallfatboy]

absolutely-just thank them for the partial,and tell them you are pursuing the remainder.

 

and confidentiality clauses don't stand up......sign if you want to ,but they can't enforce them

[jennifer.green4]

i've just recieved a settlement offer from first direct before i sent out my lba. What do I do now? i don't want to accept it but don't know how to tell them this or what to say. Can anyone help me please.

[Guest willowb]

If it's less than your claim total then you just tell them that you'll accept it as a part payment of the full amount and that you will be pursuing the rest in Court.

 

Deep breath, keep to your timetable and carry on.

 

Wxx

[jennifer.green4]

thank you, I think i just needed someone else to tell me that its ok to keep going after them. I'll keep going and will hopefully get back everything that they owe me.

[Guest willowb]

Not a problem;)

 

Wxxx

[ncf355]

thank you, I think i just needed someone else to tell me that its ok to keep going after them. I'll keep going and will hopefully get back everything that they owe me.

 

Hi Jen - see my threads 'NCF355 v Cap One' and Mrs NCF v Cap One' for a confirmation that you deffo need to stick to your guns and get very last penny

 

:grin:

[jennifer.green4]

:grin: thanks ncf, have just posted the rejection letter, so will now wait and see what happens. I'm now going after barclays for my boyf as well. keep your fingers crossed!!!