need help! Settled

**Amethyst** · 15th June 2007, 10:54:AM

Summary for ya

Offer for full charges received on Saturday 9th - letter was dated 5th June

Claim for charges plus 8% went in via N1 on Friday 8th. No court fee paid as exempt.

Should Mia carry on for the 8% or take the full charges offer.

**Paradox** · 15th June 2007, 10:54:AM

Hi Mia, Glad you decided to post!

If it were me, I would be tempted to take the 8k, simply for the reason that their letter was dated the 5th June, which is before you filed, and I'm not sure on how it would look in court.

JMO

**Celestine** · 15th June 2007, 10:55:AM

DONT SETTLE!!!!!!

You gave them more than enough time following your LBA to settle with you. They didn't and you filed a claim, which no doubt took up your time and was a big step for a consumer to take, even though the letter appeared to pre-date your claim, it was still way after your deadline.

Hold tight, you will get all your 8% interest which in your case adds up to a lot of money.

Have a look at Fendyweather's epic battle with them, she is owed over 15k, and is making sure she gets every single penny due.

Of course, your own financial circumstances will dictate what you have to do, it is totally your choice but you will get all that money if you can hold tight.

Loads of luck to you.

Cel x

**Paradox** · 15th June 2007, 10:58:AM

My thoughts to that would be though cel, and feel free to say I'm wrong (which i'm sure you will

) would be that if the bank sent Mia a letter on the 5th of June and she filed on the 9th, they could argue that she was being unreasonable in filing AFTER they made her an offer?

<waits to be told he's wrong>

Matt

**Fendyweather** · 15th June 2007, 10:58:AM

Right Mia, firstly, the choice is yours. You can accept the offer from Nutwest if you wish, but by rights, you dont have to. Because the letter you received from them arrived after you had already filed the claim with court then you dont have to accept if you would rather go for the interest as well. I mean, you gave them deadlines, they failed to meet them, so you were perfectly ok to file at court. I personally would keep the claim open and go for the interest too now youve started it, but the process can take up to another three months from here, so its really up to you. Im now at court stage, filing disclosure statements etc. and it does get a bit hairy at times, but I believe, well worth it. It largely depends on
a) do you need the money quickly
b) would you rather wait and get the interest as well
c) are you prepared to put in the extra work required to get the full amount including interest, because it can involve a fair bit more paperwork yet, but the result is ultimately the same

You get your money at the end of waltzing around with Cobbetts. So up to you hun. I know what I would do. But we are all to vastly different.

Best of luck anyway, but remember, whatever you decide we are all here to help you no matter what. Always somebody here who can help, whatever the dilemma. Best of luck.

Fendy xxxx

**Amy** · 15th June 2007, 11:05:AM

I agree with Celestine, they had more than enough time to settle your claim, but they chose to ignore you and, therefore, you filed.

**Fendyweather** · 15th June 2007, 11:10:AM

But I filed at court on 5th March, my letter from nutwest with the offer was dated 1s March, but I didnt receive my offer letter till 12th March, almost a week after I filed. And my case is going ok, I THINK, Lol xxx

Yes, it is. Really. Almost at the finish post. Surely the owness is on them to prove when she received it, not when it was posted, because Nutwest post is currently on a right ol go slow. Most letters taking over two weeks to reach peeps. Fendy xxx

**Amy** · 15th June 2007, 11:42:AM

Exactly my point Fendy - Mia filed her claim 3 weeks after the deadline was up for the LBA. They are lucky she allowed them that extra time and that is when they should have paid up.

**Delta** · 15th June 2007, 11:49:AM

Well with mine I wrote and told them that I was giving them and extra week and that if I had heard nothing by the 27 March I would file. I didn't hear anything, so filed on the 28th, low and behold about a week after I filed I got a letter dated 26th with an offer for the original amount.

Though it had taken well over a week for the letter to get to me, and by they I had paid out the Â£120 filing fee.

Though I do think that if I was in the original poster's postition, if the amount offered is pretty damn near to what the claim was, I would be tempted to accept.

**veilside01702** · 17th June 2007, 04:11:AM

Hi Mia....well here goes me pennies worth....
If you want the full amount you can always write to them and say you are still willing to go to court and want the full amount.....or see you there....lol
I bet you got the letter with a bit about 'goodwill gesture' and you cannot tell anyone about their offer. Is there a bit in the offer about further charges and you will not be able to claim them back if you accept the offer??
They also usually add a threat about closing or changing your account for that added 'Blackmail' bit....lol
You will find they, bluff and posture and try to wear you down.....but we are all here to help you every step of the way with letter templates, advice and Fendyweathers humour....lol
You have been fair and reasonable and have ages before a court date or hearing....
Just don't fall for the old trick of 'The promised cheque' if you inform the court that you want case dropped......when you tell the court......the bank changes their mind on the offer and you get nothing!
Old trick from the banks!
They tried that with fendyweather....
Don't be put off.....I have spent a few months here.....and learn't loads from the great people here to help......
It's up to you.....But I turned a full settlement offer down after more charges were added to my account and they wanted my silence for the cost of a 'Goodwill Gesture'...For me it was too much to give up.....
Russ

**Fendyweather** · 17th June 2007, 10:17:AM

I agree completely. Dont stop any action at all until a cheque is cleared in your account, not just cheque in hand, if you decide to accept that is. They play games right to the very very end. So never trust them, till that money is clear and in your account. Truly. Fendy xxx

**Nattie** · 17th June 2007, 10:36:AM

I spoke to mia1 in the chat room, and I think i can see both sides. She is going to have a think over the weekend. Either way it will be win, be it Â£8000 or potentially Â£10000 with interest. It is always a difficult thing when you have a physical offer in writing for Â£7500(almost like winning the lottery) which can make a huge difference to your life. The choice is either to take it or to wait maybe 3 months for the cheque. You can see the quandry that mia faces. I hope that whatever decision she makes, will ease the burden that the charges have already given to her and make her strong for other battles ahead.

**Fendyweather** · 17th June 2007, 10:46:AM

And so say all of us Nattie. A tough call. I would wait and go for the lot, but we each have a different path to follow. Fendy xxx

**veilside01702** · 17th June 2007, 12:02:PM

I agree nattie and fendy......lol
All we can do is give you all the information so you can make an informed choice.....
All the best.....
Russ

need help! Settled