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10th March 2007
Ok, letter time....
Response to settlement offer without prejudice
Dear Sirs
Thank you for your letter dated 8th March 2007.
Firstly, may I thank you for your prompt response to my letter and subsequent documents that were faxed on 7th March.
I respectfully decline your clients offer as Full and Final settlement and I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.
I do not accept partially or in full your client’s insistence on complete confidentiality, either now or in the future. I see neither a legal necessity for a confidentiality clause, nor any reason to request one. Confidentiality is a service which I may be prepared to offer, but this would be subject to a separate and negotiable fee. Until said fee is agreed upon and paid, no confidentiality agreement will be accepted. However, I may reconsider my position should your client pay the full claim by 4pm on Thursday.
I also note the conditions in the fourth paragraph of your letter. I confirm that I will be happy to continue to bank with your client in accordance with its Terms & Conditions. On page 5 of those conditions, in section 1a, under the heading of ‘General’, it states “If your address is in Scotland, Scottish law applies to the contract between you and us. If you live elsewhere, English law applies to the contract between you and us.” I live in England and will accept any charges that are applied to my account in accordance and compliance with English law. If your client does not intend to comply with the law, please let me know so that I can make alternative arrangements.
You have also stated in your letter that ‘the interest rate 29.69% is a mathematical average’, but may I draw your attention to the fact that I have never quoted said interest rate in any correspondence. In fact I have only ever used the rate of 29.50% which your client used, and is printed on my statements.
I note that you have raised a point in your letter regarding the unauthorised interest rate which indicates that your client has fully, or partially, calculated what the interest debited to my account in respect of the charges involved in this claim actually is. Submitting those figures would help your client's defence to better comply with CPR Part 16.
The figure in my claim is not an average: it is calculated at your client's published 'unauthorised overdraft rate' which appears on my statements. If your client believes it has an alternative version of events, then I am surprised it has not already presented it as part of its defence.
May I also remind your client that unauthorised interest rate is charged whenever an account holder exceeds his or her overdraft facility, that these charges are levied when either a payment takes an account holder into unauthorised overdraft, or a payment is refused because it would take the account into unauthorised overdraft. your clients Terms and Conditions makes it very clear that the 'unauthorised rate' will continue to be levied until the account is returned to order - within agreed borrowing limits.
I do not have the computer, technological and other resources of a large financial institution to help me in calculating day-to-day interest. I have done my best to arrive at an accurate figure using the resources that are available to me. I will be prepared to consider an offer from your client that accurately reflects the actual interest it has debited to my account, whether at the authorised or unauthorised rate, on a day-to-day basis, plus an additional amount to reflect and recompense the denial of benefit I have suffered as a result of your client's actions.
I am fully confident that my claim will be successful in court and therefore am prepared to carry on with my litigation against your client should the need arise. I am also aware of the judgement decided upon in Reading County Court only this week, where your defence was struck out for ‘an abuse of process’. I am confident that once my AQ is filed my case will have a similar outcome. However, as stated in previous correspondence I am mindful of this case wasting more time and resource of the courts and am prepared to settle this matter immediately.
Therefore I look forward to receiving your client's revised offer, either by Royal Mail at the address above, by electronic mail at xxxxxxxxxxx, by telephone on xxxxxxxxxxx or finally by fax on xxxxxxxxx
If you do not accept my conditions for acceptance, or you do not respond by 4pm on Thursday 15th March, I shall return the cheque to you and continue with my claim against your client, issuing my Allocation Questionnaire for Judge McCourt’s perusal.
well, job done.. god knows what they will say to that....lol
Ok, letter time....
Response to settlement offer without prejudice
Dear Sirs
Thank you for your letter dated 8th March 2007.
Firstly, may I thank you for your prompt response to my letter and subsequent documents that were faxed on 7th March.
I respectfully decline your clients offer as Full and Final settlement and I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.
I do not accept partially or in full your client’s insistence on complete confidentiality, either now or in the future. I see neither a legal necessity for a confidentiality clause, nor any reason to request one. Confidentiality is a service which I may be prepared to offer, but this would be subject to a separate and negotiable fee. Until said fee is agreed upon and paid, no confidentiality agreement will be accepted. However, I may reconsider my position should your client pay the full claim by 4pm on Thursday.
I also note the conditions in the fourth paragraph of your letter. I confirm that I will be happy to continue to bank with your client in accordance with its Terms & Conditions. On page 5 of those conditions, in section 1a, under the heading of ‘General’, it states “If your address is in Scotland, Scottish law applies to the contract between you and us. If you live elsewhere, English law applies to the contract between you and us.” I live in England and will accept any charges that are applied to my account in accordance and compliance with English law. If your client does not intend to comply with the law, please let me know so that I can make alternative arrangements.
You have also stated in your letter that ‘the interest rate 29.69% is a mathematical average’, but may I draw your attention to the fact that I have never quoted said interest rate in any correspondence. In fact I have only ever used the rate of 29.50% which your client used, and is printed on my statements.
I note that you have raised a point in your letter regarding the unauthorised interest rate which indicates that your client has fully, or partially, calculated what the interest debited to my account in respect of the charges involved in this claim actually is. Submitting those figures would help your client's defence to better comply with CPR Part 16.
The figure in my claim is not an average: it is calculated at your client's published 'unauthorised overdraft rate' which appears on my statements. If your client believes it has an alternative version of events, then I am surprised it has not already presented it as part of its defence.
May I also remind your client that unauthorised interest rate is charged whenever an account holder exceeds his or her overdraft facility, that these charges are levied when either a payment takes an account holder into unauthorised overdraft, or a payment is refused because it would take the account into unauthorised overdraft. your clients Terms and Conditions makes it very clear that the 'unauthorised rate' will continue to be levied until the account is returned to order - within agreed borrowing limits.
I do not have the computer, technological and other resources of a large financial institution to help me in calculating day-to-day interest. I have done my best to arrive at an accurate figure using the resources that are available to me. I will be prepared to consider an offer from your client that accurately reflects the actual interest it has debited to my account, whether at the authorised or unauthorised rate, on a day-to-day basis, plus an additional amount to reflect and recompense the denial of benefit I have suffered as a result of your client's actions.
I am fully confident that my claim will be successful in court and therefore am prepared to carry on with my litigation against your client should the need arise. I am also aware of the judgement decided upon in Reading County Court only this week, where your defence was struck out for ‘an abuse of process’. I am confident that once my AQ is filed my case will have a similar outcome. However, as stated in previous correspondence I am mindful of this case wasting more time and resource of the courts and am prepared to settle this matter immediately.
Therefore I look forward to receiving your client's revised offer, either by Royal Mail at the address above, by electronic mail at xxxxxxxxxxx, by telephone on xxxxxxxxxxx or finally by fax on xxxxxxxxx
If you do not accept my conditions for acceptance, or you do not respond by 4pm on Thursday 15th March, I shall return the cheque to you and continue with my claim against your client, issuing my Allocation Questionnaire for Judge McCourt’s perusal.
well, job done.. god knows what they will say to that....lol
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