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"Final response" letter today...


takisawa
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Firstly a big hello to everyone, I am new to the forum and this is my first post...!!! So hi once again...

 

Now down to business...

 

I have sent 2 letters to Lloyds requesting charges repayment of £3500 or so. Had one reply about 4 weeks after the first letter, sent shortly after Christmas, and was about to commence a claim via Moneyclaim.gov.uk.

On checking my accounts on-line today I notice a credit to each of £350 (£750 total). The entries were shown on each account as a "Good will payment". A letter also arrived this morning stating: -

 

"Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to waive the pre-notified charge of £30 and repay you £750."

 

The letter goes on to list the account numbers to which the credits will be applied, before concluding with the final line: -

 

"Please treat this as our final response."

 

Do you guys think I should interpret this as a "Full and final" offer of settlement, and proceed with my claim via Moneyclaim.gov.uk ?

 

I have read the following thread: -

 

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

 

Having read the thread I am of the opinion that I should reject this "offer" as "full & final" settlement but accept this only as a "partial settlement".

 

But I am faced with the quandary that is do I now treat this payment as mine to spend (And it will certainly come in handy), or do I need to move the payment in lieu of the Bank taking the payment back ?

 

My own opinion is that the Lloyds have now notified me that they consider this offer, and the letter in which it was made, as a final response. With this in mind do I subtract the payment from the total I intend to claim via Moneyclaim.gov.uk ?

 

Any info would be very gratefully received.

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Yes, subtract it from your claim total and go ahead and issue Moneyclaim.

 

The way I did it was to deduct £750 of the most recent charges on the spreadsheet and then put a note on the bottom explaining this. Also send copy of spreadsheet to the court (if you are doing MCOL) and SC&M.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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