Jester Vs First Direct - OFFER Accepted :)

[scottishlass]

Re: Jester Vs First Direct

Hi Jester

Good to see you back and with some good news

I tend to agree with Sapphy, at least the pressure would be off regarding your home, and once the court case is over (if it ever is) you can go get the rest (hopefully).

And good luck with your interview

[TUTTSI]

Re: Jester Vs First Direct

Hi Jester,

Fantastic news, accept accept accept..........it is not is full and final.

That gets you off the hook with your home and a chance to keep the woolves from the door.

xxx

[enaid]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

I also would accept their offer, like is said you can always get the rest later

[Amy]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

I really don't think you can turn their offer down given your present circumstances. They are not even asking you to accept this payment in full and final settlement of your claim.

I would accept their offer in a heartbeat and go for the rest later.

[WendyB]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

Accept it Jest. It will sort out your current predicament and keep the roof over your head and do away with the possession order. And the extra for the next couple of months interest will mean no more immediate worries, and if you get the job (fingers crossed for you and good luck for tomorrow) you'll be well away.

In fact The question you should be asking is: "WHERE DO I SIGN?"

So glad its got sorted for you, and in pretty quick time too.

Wendy x

My thinking is that they have only made a partial offer so as not to lose face, if they paid up the whole lot now it would be as good as admitting they're gonna lose the test case, but by doing it this way they aren't admitting the charges are wrong in the first place. But they've made enough of an offer to show that they are a caring, reasonable instution (yes we know that no banks are but if thats what they want to beleive.....)

[Budgie]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

So I guess I am the only one that thinks you should maybe try for a bit more.

It's your claim and your situation so only you can make the decision as to how to proceed. Personally, I would not risk jeapordising the offer by refusing it outright.

However, I would try to get a little bit more from them at this stage. I would try to achieve this via a telephone conversation, maybe with Steve Smithard and try to work some of that Jester magic on him.

Ask them to take into account that they haven't offered you any interest element whatsoever ( they are making a partial interim refund of your charges only ).

Have they also used up to date figures in their offer letter to you?

Do you have the future resources to continue making payments on the mortgage if, god forbid, this job possibility doesnt work out?

By accepting their offer as it stands you do not have any reserve should anything go wrong and it is doubtful that you will be able to go back to FD, cap in hand, for a further partial settlement, in a few months time.

I think you have done very well Jester and all your hard work on this has paid off.

So massive congratulations to you.

Please just think very carefully about how to proceed.

Regards Budgie

[Amethyst]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

The 'refund' isnt a percentage of the claim its a interim payment to help Jests current situation. His immediate problem is his reposession. Which they are paying the arrears and thus cancel out the repo on the 23rd Sept.

The other 'essential' they are repaying themselves with a defaulted sum from his closed account.

Then to assist him further they have offered a sum to cover two months mortgage payments of Jests liability. The figures for covering September and Octobers mortgage payment. The DWP pay £428 of the interest only (part of £878 total due) of Jests Mortgage at present, and he is liable for £439 a month.

The bank are sending him a cheque for £915 (£457 odd a month).


They dont HAVE to refund a penny yet under the waiver and as the account is closed, and the charges didnt cause jests hardship they dont have any obligations to him under the waiver rules so I think because he conducted himself so well and is in financial difficulties they have tried to help accepting that later they may be whacked for compo if they let him lose his house over this sum when they could have prevented it.

If that makes sense.

[Amy]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

By accepting their offer as it stands you do not have any reserve should anything go wrong and it is doubtful that you will be able to go back to FD, cap in hand, for a further partial settlement, in a few months time.

What do you think could go wrong and why do you think it doubtful that he will be able to reclaim the rest?

All he has to do is write an acceptance letter and include a paragraph that he reserves the right to go for the rest.

[Amethyst]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

The acceptance letter provided does cover it. I think Bud means go for the rest in a couple months if the job doesnt come off and wants to ask for some more of his money (cause when the OFT case is over it is his money) in a couple months to help pay mortgage etc. Once he accepts this thats their job done under the hardship thing really. So its this now then the rest after the case.

[Budgie]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

The acceptance letter provided does cover it. I think Bud means go for the rest in a couple months if the job doesnt come off and wants to ask for some more of his money (cause when the OFT case is over it is his money) in a couple months to help pay mortgage etc. Once he accepts this thats their job done under the hardship thing really. So its this now then the rest after the case.

Yes, that's what I meant !!

[Curlyben]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

So ?!
Have you signed that letter yet or what !?!?!

[TANZARELLI]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

Good news jester and well done. I see where Budgie is coming from do agree however I think you need to think about your current situation as that is the maon priority for you at present. A phone call wouldn't hurt though prior to signing just as a tester to see if they would up it anymore, however I doubt they will at this point in time as I think they will think they have been more than fair.

The choice as they say..............is yours.

Its a good result whichever way it turns out.

[theGobbyOne]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

WELL DONE JESTER!!!!!!!!!!!!!!!!!

[Jester]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

Tsk....has taken me ages to find this thread since Ame moved it !!

OK. Update.

Mr Smithard is apparently on holiday all of this week and I am told he is the only one who can discuss this with me.

So, because money in the hand is worth more to me at the moment than a prospective haggle that I might not win (or at least not at this point), I've decided to err on the side of caution and have accepted their offer. Letter went off in the post this evening.

I appreciate Budgie's POV on this and had I been able to speak to Mr Smithard, then I would have argued to get the offer up a little bit. But as the offer was time-sensitive (from the date the offer was sent) of 10 days (and it took 3 days to reach me), then I did not feel able to risk missing the deadline just for the sake of a couple of extra quid.

As 'she who must be obeyed' commented, we will get the money back when the OFT case is over and decided in our favour anyway. If I don't get a job before long then it will all be a mute point anyway. If I do get a job then when the remainder is paid out then at least I might be able to do something with it other than throw it down that eternal black hole that is the mortgage !!

So, hopefully this means that the repo order hanging over our heads will be banished. I will update the 'all-monies mortgage' thread if and when RBS lift that repo order.

Thanks to all,
Jester

[Amy]

Re: Jester Vs First Direct - OFFER RECEIVED Hardship

Thank God for that Jester, I for one am very relieved you accepted.