confused with Abbey claim?

[lil monsters]

Hi all

Im hoping that someone could help me. I have been helping a friend with the process of reclaiming charges back. We sent letter for SAR on 08/03 and Abbey replied saying that they are looking into her complaint, so we wrote back saying that no complaint had been made as yet and that SAR was asked for and cheque had already been senton 08/03 with details of how long they had left (out of the 40 days). Their time to comply is up now so we have written non compliance letter. The problem we have is that Abbey have also written offering a GWG of £868, but as yet we have not asked for a refund, we have only written to them for SAR. I am not sure how to respond to GWG.

All help is much appriciated.

[Guest louis wu]

Have they included any clauses in thier offer? If so, post the details so we can advise.

 

If there are no clauses, then personally I would thank them for their offer, accept the money, and continue to ask for your friends statements. When you get them, deduct the £868 and claim for the balance.

 

Louis

[lil monsters]

Hi, no clauses but will double check. It just says that they have done a full investigation and although they dont agree their charges are unfair they are offering a GWG which will be in the account within 10 days. If they dont hear from us within 8 weeks they will close the complaint. No mention of Full and Final settlement.

[Armsoft]

Hi, no clauses but will double check. It just says that they have done a full investigation and although they dont agree their charges are unfair they are offering a GWG which will be in the account within 10 days. If they dont hear from us within 8 weeks they will close the complaint. No mention of Full and Final settlement.

 

 

Have a look here -

 

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

 

I would suggest that one of the template letters would be appropriate if adjusted.

Basically you need to thank them for their offer of the GOGW payment, but at the same time advise them that whilst you are willing to accept this as partial settlement to the claim, you will, on receipt of the SAR data be progressing a claim for full settlement.

You may find that they then won`t pay the GOGW payment into your friends bank, and you`ll then be persuing them for the full amount, but somewhere along the line you can then introduce `Abuse of Process` into the argument, as the bank would then be forcing you to take out court action to persue the claim, so you can then add further costs.

[Guest louis wu]

Basically you need to thank them for their offer of the GOGW payment, but at the same time advise them that whilst you are willing to accept this as partial settlement to the claim

 

I agree, except there is no claim at the moment.

 

Its just my opinion, but I don't think it really matters which way you do it, providing of course, that there is clause in their offer.

[Armsoft]

I agree, except there is no claim at the moment.

 

Its just my opinion, but I don't think it really matters which way you do it, providing of course, that there is clause in their offer.

 

Louis,

I would agree with your thoughts, but when going through this process it`s always best to `Cross the Ts and Dot the Is`, and the best way of doing this whilst keeping the process simple and manageable as a layman (or woman) is to follow the proven route of success.

The last thing that any of us would want to happen is that the bank turnround, or even the court turn round and say "but you accepted the offer"

To keep the process running at your pace, and to your rules, would be to Reject the Offer but accept it as partial settlement in one letter.

 

Just my thoughts:)

[Guest louis wu]

'Better safe than sorry'

 

In hindsight, yes, it does make more sense.

 

Louis