Is my offer letter dated 26 june 2007 still a legal document???

[bgordon]

Hi. In 2006 I started a claim against Abbey for my boyfriend. The claim was for £4700. He was sent a letter offering him 65% of his claim. We didn't reply or accept as it was going through the courts. 2 days later all cases were stayed. My boyfriend lost the opportunity to work for him self due to crippling bank charges. he has now lost his job and we are struggling to pay bills and pay back his overdraft (due to charges). I was waiting for the test case to be resolved but that could be another 5 years. I expected it to take years but now with ressesion knocking on our doors if i can get my boyfirend a small percentage of something instead of 100% of nothing it would save us. The offer letter is dated 26th june 2007 but no cut off date for accepting this offer is mentioned within the letter. Do they still have a legal obligation to honour this offer???? Thank you in advance for any help

[LuggerBugs]

Re: Is my offer letter dated 26 june 2007 still a legal document???

I don't see why not. People compromise for many reasons, so if it suits you both to accept 65% of your claim, then nobody could blame you for that. You have nothing to lose by writing to them now to accept their offer.

You might like to mention in your letter that should they decide not to honour their original offer, you will of course continue to chase for a 100% settlement once the stay is lifted. It's in their interest to accept that now. Only an idiot can't see the writing on the wall.

[bgordon]

Re: Is my offer letter dated 26 june 2007 still a legal document???

Thank you for so much for your advice. Is writing or phoning first the best line of persuing this offer? If I should write first are there any precidents or laws that I could quote or refer to in support of my claim? Sorry for all the questions just don't want the time lappsed to be used as an excuse for them not to pay.

[Amethyst]

Re: Is my offer letter dated 26 june 2007 still a legal document???

I would write asking if they will consider your case under hardship grounds as well as accepting that offer.

In the original waiver guidance from the FSA there was a part

''Consumers who have just been given an offer from the bank/building society
Consumers will have two months to decide whether to accept the bank or building society's offer or to wait for the outcome of the test case. If consumers choose to accept the offer, it is unlikely that they will be able to complain again later regardless of the outcome of the test case. If consumers choose to wait for the outcome of the test case, they will not be able to take up the firm's original offer and the firm will only deal with the complaint once the test case is concluded.''



So I think you have missed your opportunity there and I would concentrate on the hardship side of your claim and the changes in circumstances to ask for an interim payment.


Also of course if you go the hardship route and receive an interim payment (again likely to be 65%) you will still have the remainder due to come at the end of the test case should it go our way (which seems likely )