partial offer after file claimed

[rivendale0506]

Having successfully retrieved my charges from the Halifax I am now attempting to do the same for my sister from MBNA.

 

I filed with moneyclaim on 20 July for £1030 and on 24 July she received a letter from MBNA saying how the charges were not unlawful blah blah blah but mentioning that in line with the OFT's guideline they were reducing their charges to £12 with effect from 12 June and were therefore prepared to pay her the difference between her claim and the £12 per item fee which results in a partial refund for her of £490.

 

Has anyone else had this stance taken with them? I am not going to accept it but not sure how to word it as they say they have credited her account with it and the court papers will obviously reflect the whole £1030. Should she just write back and say take the £490 back out of the account?

 

Any advice very welcome. Many thanks

[surreyscouse]

they will probably inform the court what they have done when they issue their defence. I would just sit tight and see what happens when the defence is sent to you.

[rivendale0506]

Many thanks Surreyscouse. I won't write back then. Have had the acknowledgement from the court so far but nothing else.

Thanks again.

[surreyscouse]

what date was it deemed to have been served ?

[rivendale0506]

29th July. They have until the 12th August to file their defence. The offer letter crossed in the post with the moneyclaim filing.

[surreyscouse]

fine, they will more than likely file the defence on the last day and include the rest of the money in it. sit tight and keep an eye on mcol

[rivendale0506]

thanks surreyscouse!

[Glenn UK]

FWIW

 

Is it worth checking that they dont write to the court telling the case is settled?

 

If they have made an offer of partial settlement and you dont say thanks but im not satisfied, then they may well tell the court its settled since they wont know any diffrence will they?

 

Im pretty certain that other banks have this approach.

 

It would seem worthwhile to drop them a note and say thanks for the payment but it is not sufficnet for a full and final settlement and therefore you will be proceeding with your claim at court.

 

JMHO

 

Glenn

[lickthewallfatboy]

I don't think the court can take the word of the defendant as to whether a case has been settled before hearing.The person making the claim has to inform the court of an "out of court" settlement.

[Glenn UK]

I don't think the court can take the word of the defendant as to whether a case has been settled before hearing.The person making the claim has to inform the court of an "out of court" settlement.

 

I think you are right, although it may look strange if they enter a defence of 'we have reached a settlement your lord and the claimant has banked/spent the money so it is fair to presume that he accepted the terms we offered'.

 

I dont doubt that in truth you are right it just doesnt show that you are acting in good faith to the court if you dont act in a clear and transparent way, accepting the money without clarifying the whys and wherefores to the defendant is not acting in good faith.

 

i guess if the boot was on the other foot we would want them to confrim if they had accepted our offer rather than leave it hanging.

 

Of course each to their own but should it come to court, i guess we want to appear as virginal as possible when were sticking it to the banks.

 

JMHO

 

Glenn

[dave]

You have a duty to mitigate your losses - to take part of the money should not be seen as a bad thing by the court.

 

You have accepted an installment - that is all.

 

It might be worth a letter to the bank letting them know that you are accepting their installment, but will continue with the legal action for recovery of the rest.

 

The OFT did not say that £12 was fair - simply that it was the threshold at which they would intervene. The specifically stated that they did not expect banks or cc companies to make the default charge 12 quid - and that a charge of less than 12 quid could still be a penalty - and that a judge would certainly not see £12 as a fair charge just because of the OFT ruling.

[Glenn UK]

You have a duty to mitigate your losses - to take part of the money should not be seen as a bad thing by the court.

 

You have accepted an installment - that is all.

 

I agree, isnt mitigation where you do not incur or do anything to increase or incur further charges in relation to the claim?

 

Dont you have a duty to be transparent in your dealings and act in good faith and as far as is reasonable to stop the claim ending up in court or wasting court time?

 

Ignoring their offer and taking their money is not acting in good faith.

 

I am curious to know why the strategy should be different when receiving offers from one bank to another? Is there any signficnat reason?

 

As far as i can make out most people who are receiving partial offers on the abbey forum are accepting the money but confirming their intent to proceed to recover the rest.

 

Glenn

[dave]

As far as i can make out most people who are receiving partial offers on the abbey forum are accepting the money but confirming their intent to proceed to recover the rest.

 

It might be worth a letter to the bank letting them know that you are accepting their installment, but will continue with the legal action for recovery of the rest.

 

Exactly.

[Glenn UK]

Dave

 

sorry bit of a lag my end between reading your post and actually typing and sending mine.

 

Glenn