5MINSALONE v Halifax ***SETTLED IN FULL***

[5MINSALONE]

Hi everyone, first time poster but I have been lurking a while. I have a query which I hope someone on here might be able to help me with.

 

Right, I have asked the Halifax to pay me back £179.49 including interest, they failed to respond to any letters so last week keeping to time lines set in my letters (thanks for the templates btw) I handed in my N1 to the local county court.

 

Now this morning I have received a letter offering me £155 as goodwill.

 

Now my question is, do I have the right to refuse this offer and ask for the full amount including interest or would I be better off accepting this payment. I would rather have the full amount of £179 than the amount they are offering.

 

Also if I am within my rights to refuse is there a template refusal letter anywehere that I can use?

 

I hope this post makes sense.

 

many thanks in advance and in much anticipation

 

Claire x

[Gooders]

Claire,

 

I belive the best way to proceed is to send a letter accepting this as part payment but ensuring that you will continue with your claim until the full amount is paid. This means that although they have paid you a 'goodwill gesture' the money outstanding between your balance and theirs is still getting interest.

 

sample letters are here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Hope this helps

 

Gooders

[jonni2bad]

Hi Claire

 

If you have started court proceedings, there is no need at all to accept less than the full amount of charges, interests and costs combined.

 

In all likelihood the department dealing with this may not have been told about the court action...

[5MINSALONE]

Hi Claire

 

If you have started court proceedings, there is no need at all to accept less than the full amount of charges, interests and costs combined.

 

In all likelihood the department dealing with this may not have been told about the court action...

 

 

Thank you both for your replies

 

Jonni what should I do then as the N1 is in? ignore the offer or send a letter back saying "no thanks" im all confused now lol and trust me that doesnt take much!

[5MINSALONE]

Spooky just had a phone call from the customer relations lady, she offered me the full amount so now waiting on a new acceptance form

 

Ive just written a letter backing up the phone conversation and saying that once I have sent the acceptance form back I will cease proceeding in court once I have received cleared funds into my account.

 

Just gotta wait now.

 

Thank you for your help guys, I'm a bit miffed It seems to be all over before I got posting lol

[jonni2bad]

Thread to be moved to Halifax forum and renamed for you.....

 

Well done!!!

 

Please take a moment to complete the SURVEY

[Aaronsdad]

Good on you!!!

 

A fine example of sticking to your guns!!

 

Enjoy the cash - I did!!!

 

A D

[5MINSALONE]

Help Please!!!! :-? I was sent the acceptance form and I signed it and sent it off with a letter saying that once I have received the money in my account within 14 days I will then notify the court to withdraw action.

 

The thing is the 14 days are nearly up and no sign of the money so what do I do?

 

Any help or advice greatly appreciated.

 

Many thanks

 

Claire x

[Gooders]

Claire,

 

did you get a contact name/number for the person that called you giving you the full amount? If so call and ask whats happening.

 

If not, dont drop the action, stick to your guns! If it goes to court it will just show the judge that they are not sticking to their own offers!!

[5MINSALONE]

Hello Gooders thank you for you reply.

 

Yes I do have a contact name and number, but I sent the acceptance form back directly to her via recorded delivery. So they cant say they didn't receive it I also photocopied it before |I sent it off

 

I don't really want to speak to her again because she was quite surely with me last time, so ill bump a letter in the post via recorded delivery again and kick her up the bum that way.

 

If I still receive no response shall I just sit and wait in small claims. At the moment I am waiting for them to reply to the court to acknowledge the claim. wont it be funny if they defend lol

 

Again any help on what to write to them or what to do next would be very helpful

 

Claire x

[Gooders]

here's a thought, have you had anything from their lawyers? They are in a better position to chase their clients to make payment and not look stupid in court!!

 

Either way, you have the power now as they have already said they would settle......cant see why they would not back up their offer but if they don't then hey just think about the interest you are still earning!

 

The judge would laugh them out of the building! Just dont stop the process until you have the filthy luca!!

[5MINSALONE]

Nope not heard from their lawyers.... will give an update if I do tho. Don't worry I have no intention of stopping the process and more fool them if they don't pay, with more interest on top they loose out eh?

 

btw filthy luca - I like it!!!!!

[5MINSALONE]

Update! received the letter from the court that they intend on defending the whole claim do they not check records or anything????

 

Anyway, not sure what I should do now write to the solicitor or what I'm all confuddled now (which believe me isn't hard lol)

[Gooders]

Well, you photocopied the acceptance for before you sent it & you have proof of postage. I would write to the Sol and point this out. He would be made not to advise his client of the VERY doddgy position they are in!!!

 

If it ever did get to court it would show the judge what a bunch of cowboys you have on your hands! Offer a settlement then take the offer back???? I know what I would think!

 

Having said all that, if writing to the Sol doesn't work.....so you wait for them to settle before the court date, just think of the extra interest per day!!! spending even more of THEIR money is going to be sooo sweet!

 

Hope it all works out for you! Hang on in there

 

Gooders

[5MINSALONE]

Thank you for your reply gooders I shall do as you say and leave an update as and when I have one. I thought I better double check on here as I dont want to do anything wrong and jepordise the situation.

 

ho hummmm ho hummm....

[Gooders]

5mins,

 

Well, you photocopied the acceptance for before you sent it & you have proof of postage. I would write to the Sol and point this out. He would be made not to advise his client of the VERY doddgy position they are in!!!

 

 

quite obviously the spelling here is in doubt due to.......(make your own mind up readers!!)

 

But the most important thing is YOU are in control, (im just starting to see this myself and god! I have the bit between my teeth now!!) just do it at your pace you are the one dictacting this action!

 

Think about the Diirty mullah (slight scottish accent!)!!!!

 

Gooders

[5MINSALONE]

LMAO Thanks for that put a smile on me mush now

 

well heres the update.... money appeared in my account yesterday right down to the last penny... outside of the 14 day time frame tho, which is naughty....but I'm happy I have it at last I first started this in December 06.

 

So I take I should be happy and tell the court now they've settled. Just wondering as they paid up after they said they would.

 

Ill send you a PM gooders I wanna know more about your case

 

5mins x

[estela]

Hi Claire

 

If you have started court proceedings, there is no need at all to accept less than the full amount of charges, interests and costs combined.

 

In all likelihood the department dealing with this may not have been told about the court action...

 

 

Do you have to send them letter no.5 rejecting offer and telling them that you have started court procedures?, do you do this immediately or wait, or just ignore their offer as it is already send to MCOL 5 days ago.

Thanks for advice

Ive rcvd 31/03 offer 60% from the bank but court claim 26/3