cheque received but........

[sgar]

filed claim on 30/04/07 claiming £3676 in charges from alliance and leicester. on 05/05/07 received 2 letters one from A&L solicitors saying they will defend all of claim and one from A&L saying taking into account OFT review £12.00 is reasonable. It goes on to say that in order to resolve they are prepared to pay £3676 and a cheque is enclosed for this amount, however the cheque is for £1009. I have emailed them and refused this offer and telephoned them to say the wrong amount is on the cheque. The gentleman i spoke to at A&L said " it must be a mistake, all we are offering is £1009" The letter also says if i accept the offer they will continue to operate my account. do i inform the court of letter and cheque? Should i destroy, bank, or return cheque? Im certainly not accepting £1009.

[Guest ChloeJane]

Hi SGR,

 

Glad you went from chat to a post!

 

Ok , at this point you need to reject the offer in full as you are already at court stage.

 

You would have to ammend your claim if you were to accept part settlement, so you need to return the cheque and enclose a letter of rejection.

 

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

 

Above is a link to the letter you can send. Template 5 or 6 is adviseable, depending whether the offer came from their solicitores or from the bank.

 

You do not need to inform the court. You are refusing their part offer and clearly stating in the letter you are going to seek the full amount.

 

So - cheque to be returned - with the letter from template 5 and 6. Just copy the letter template into a word document.

 

Hope this makes it clearer.

 

CJ

[spacemarine]

hi

im interested to hear that they are allowing you to opperate your account if you accept a lower amount of money, does any body out there think this is a bit of a dodgy way to operate, its a sort of blackmail i really think they are stooping to a new low by trying to offer you a deal like this, after all its your money anyway.

could any of our legal eagles comment on this, i really think their action is wrong.

 

thanks

[sgar]

i think its more of a threat than blackmail, im looking into the bank closure thing, recently the financial ombudsman ruled against a bank closing an account after reclaiming charges, ive already told A&L that im aware of this and will pursue if necesary. I,m also wondering as to where they stand regarding the letter i received which clearly states they are refunding £3676. No mention anywhere of £1009. not only me confused but seems them also.

[blimeyboy]

I would photocopy their letter, rip the cheque into 2 pieces send them a rejection letter stating the £1009 and that you require full payment of £xxxx

STAPLE the cheuqe the rejection letter and a copy of their letter together and send it recorded delivery.

[sgar]

sent cheque back today, photocopied it first, received email from them saying they have sent my query to specialist team.

[sgar]

just been on MCOL to look at claim, says status of claim acknowledged on 08/05/2007, do i need to do anything now or just wait? also if they are defending all the claim why did they try to fob me off with a cheque for £1009, surely if they sent me that on 05/05/2007 (which was sent back to them today saying "no ill have the lot thanks") they are not defending all of the claim. Very confusing!!!

[sgar]

received defence papers today, can anyone tell me what i need to do next, also got a letter from A&L solicitors saying that the full amount that was offered to me on 05/05/07 was a typing error and they are not prepared to pay the full amount of charges.

[spacemarine]

defence papers are from solicitor, probably the same set sent to everybody about 6 pages long, they will send a set to the court or MCOL

they make interesting reading they probably tell you you have not supplied

detailed layout of charges ect,

basically its the biggest load of old cobblers that you will ever read

sit tight and wait for the details from MCOL of were they will transfer the case to then you should get a AQ form to fill in

there are quite a few threads with people in this position at the moment

read these as there are a couple of good links to some usefull info

[dizzykate]

Hiya

 

Have had the defence and the AQ but today also have had an offer of about half of the amount I am claiming, they used the £12 per item thing. I have emailed them back refusing it and asking why they offering diff between charge applied and £12 as this applied to credit cards and they have already refused repayment using the OFT ruling on credit cards as an excuse contradicting themselves offered to settle for very tiny bit less waiting to hear from them.

[livelylad]

Hiya

 

Have had the defence and the AQ but today also have had an offer of about half of the amount I am claiming, they used the £12 per item thing. I have emailed them back refusing it and asking why they offering diff between charge applied and £12 as this applied to credit cards and they have already refused repayment using the OFT ruling on credit cards as an excuse contradicting themselves offered to settle for very tiny bit less waiting to hear from them.

 

Hi kate you need to post this on your thread.

[Vintage72]

I am at the same stage as you - I filed my claim on the 3rd May and I received 2 days ago from the A+L solicitors - saying they are going to defend.

 

Today I received the pack from the solicitors (defence pack) and also under separate cover a cheque from A+L for £2446 - I am seeking £5500 (incl 8% court interest).

 

They have sent with the cheque the standard letter saying that OFT think £12 per charge is reasonable (but I notice that the wording is for credit card charges - not bank). They are obviously trying to scare us.

 

Thank goodness for this site. I have returned today the cheque torn in 2 with the rejection letter number 5 on here and now we shall sit tight again. I will keep you posted.

[dizzykate]

livelylad will do it now

[kermit200376]

i have just read on another thread that if you call their solicitors wraggs up they will settle with you. they start of offering a paltry aount it would seem but if you hang in there it would appear that they will cough up. my partner is going to call they tomorrow. will let you know how it goes.....