RBS offer refusal

[stef1]

Thanks to everyone for their advise on this site it is encouraging:)

 

I need some advice on how brief should my refusal letter be? Court date 8th Feb so not much time left to get it all sorted. Have had goodwill gesture offer of £2000 but actual claim is nearer £4000. Have had the usual if you dont accept this pressure and that my claim will not stand up in court... they have tried to request THEIR costs and cried the Limitation Act 1980..

 

I am going to send a copy of my letter to the court, do I need to point out that my costs and interest will be added OR should I make a goodwill gesture [so that it proves to the Judge I have tried to reach a settlement] and waiver the interest?

 

I don't want to appear uncooperative or greedy, just want my money back!

 

HELP :-?

[stan5131]

Stef. replied to your pm.

 

Do not mention the interest at this point. It will not make any difference as you did not include this when you filed your claim. You could, in fact, take them back to court after this is settled and claim the interest so dont make any deals about the interest.

 

In any event, the limitation act does not apply when you have been deceived into thinking that the charges were a true reflection of their actual costs, and also the time starts from your prelim letter.

 

When you write back, point out that you feel they are using intimidatory tactics and that you will point this out to the judge.

 

It will not even get to court. They will pay up before it gets there.

[stef1]

Hi again Stansfield

 

We did not mention interest when we filed although it was mentioned in the prelim letter so does that make any difference?

 

Cobbetts have told me I have until Thursay 11th Jan [two days away] to accept their offer with conditions or not. I really need urgent and clear advice as I am getting into a flap!!!! Let the court date of 8th Feb go ahead anyway but in the meantime accept part payment and go for the rest on the 8th OR refuse and hope they increase offer before court date? :-? I feel intimidate alright:-|

[Bigmac versus]

As stansfield5131 says they will not want to appear in court and will want to settle before a hearing so if you stand your ground you will get whats rightfully yours.

[stef1]

Hi George

 

SO you think accepting part payment under the clear understanding is ONLY part payment is the right way to go, not to refuse and sit tight?

[Bigmac versus]

Alter to suit your needs, yes id say partial payment but they will probably withdraw the offer anyway.

 

 

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]