Ladidi v Abbey - settlement offer ** SETTLED**

[Amethyst]

Re: Ladidi v Abbey - settlement offer

So Cet, what you sare saying is send them this:-

Dear

Ladidi -v- Abbey
Claim Number:

Thank you for your email of (date)

Your offer of £3753.43 is not acceptable as you have failed to take into account the statutory interest owing on the £3753.49, which today amounts to £300.27 and my costs of £300.00. and which would not have been payable had your company paid me this sum before I was forced to litigate.

However, in the interests of an early settlement and to ensure a speedy resolution to this claim I will accept an immediate payment of £4053.76 to be paid by cheque.


Yours sincerely


Receive a payout and then kindly remind them that payment is not full and final as terms and conditions of waver have set out and should everything go our way I then put in a claim for the remainder plus interest.compensation etc

I might have done my interest bit wrong though as I took the amount and times it by 8% and then added the 2 figures together

Having conversed with Cet and Bud, I agree with the letter as it stands - once the figures are right

Re: Ladidi v Abbey - settlement offer

Good plan, thanks Ame (and Budgie)

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Bud just rang to say if Ladidi want to email him her spready he'll check through it and work the right amounts out for 70% etc percentages inc interest proportionally etc. It does sound as though you have worked out the stat interest incorrectly. Each individual charge has to be worked out at 8% per annum and they will all have different numbers of days to work out the 0.22% bit on.....Theres a spready in the library (but I think bud is saying he'll do it for you if u like - he'll smack me if thats wrong lol) But then again the bank could work it out for you if u trust them pmsl (thats me talking not bud).

anyway my email is amethyst@legalbeagles.info and I'll pass it on if thats what u want to do.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

The £3753.49 is what they have said is 70% of my total claim made. I then used that figure and timesd it by 8% and added the 2 together..

Well I never did claim to be brains of britain...lol

Re: Ladidi v Abbey - settlement offer

In order to calculate statutory interest, you take the sum owed in charges and multiply it by 0.00022 to get the pence per day they owe you at 8% simple interest. Then multiply that sum by the number of days since you filed your claim. Statutory interest is accruing on £3753.49 at 83 pence per day and has been since the day you filed your claim.

How did you arrive at the sum of £3753.49 in the first place?

[Ladidi]

Re: Ladidi v Abbey - settlement offer

OK, Did I do the interest thingy right? as I previously said I took amount due and times it by 8% and then added the 2 together. Dont know if that was right though

Re: Ladidi v Abbey - settlement offer

No, leave the email as it is in your post #30.

Cards close to chest, remember?

[Ladidi]

Re: Ladidi v Abbey - settlement offer

So do I add this ""in the interests of an early settlement and to ensure a speedy resolution to this claim" apply only to the actual court claim and not any sums due in respect of any shortfall that may become due as a result of the waiver. " in the email of acceptance or after I have received funds?

Re: Ladidi v Abbey - settlement offer

Yes and I think you could reasonably argue that the words "in the interests of an early settlement and to ensure a speedy resolution to this claim" apply only to the actual court claim and not to any sums that may become due as a result of the waiver conditions.

You merely wish to dispose of the litigation itself and are not absolving them of any responsibility in relation to their potential obligation to pay you more once the test case is concluded in our favour, should that be the case.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

So Cet, what you sare saying is send them this:-

Dear

Ladidi -v- Abbey
Claim Number:

Thank you for your email of (date)

Your offer of £3753.43 is not acceptable as you have failed to take into account the statutory interest owing on the £3753.49, which today amounts to £300.27 and my costs of £300.00. and which would not have been payable had your company paid me this sum before I was forced to litigate.

However, in the interests of an early settlement and to ensure a speedy resolution to this claim I will accept an immediate payment of £4053.76 to be paid by cheque.


Yours sincerely


Receive a payout and then kindly remind them that payment is not full and final as terms and conditions of waver have set out and should everything go our way I then put in a claim for the remainder plus interest.compensation etc

I might have done my interest bit wrong though as I took the amount and times it by 8% and then added the 2 figures together

[Amethyst]

Re: Ladidi v Abbey - settlement offer

okay I agree...maybe a wee tweak ?

''assist towards a resolution''

Re: Banks granted unfair charges waiver

I know what you mean but one cannot eat cake and have it too - if the OP wants to accept 70% now, which I presume they do, then they must also accept that Abbey do not have to pay them anything at all now and probably won't if they do not believe that it will end the matter.

In the event that the test case does not go the way we (and clearly Abbey) think it will, then they will have lost nothing - should we get the desired result, the OP will get the rest anyway, as per s.16 a & b of the waiver conditions.

It's win/win but you may have to fool them first.

[Ladidi]

Re: Banks granted unfair charges waiver

Sure hun no worries, as i said I just want to make sure that teh email send covers all bases, the settlement offered and future payment of the remainer when the case is found in our favour :tinysmile_twink_t2:

[Amethyst]

Re: Banks granted unfair charges waiver

Just thinking Ladidi - shall I move your posts re the settlemtn (and replies rleating to) to their own thread then it won't get lost in other topics coming up later xx


urrghhh cakky wireless keyboard

[Ladidi]

Re: Banks granted unfair charges waiver

I see where youa re going Cet. I am so scared about not being honest and up front with my intentions that once they have paid out the 70% I will lose the rest which is nice a tidy sum to the likes of me. I understand what you have said with a view to them already knowing the terms and conditons of the waver, but what scares me is the given fact that we all know they are known to change as long as it suits them. In a sense I trying to protect my bases and make sure I am covered so there is no comebacks no matter what and should the rest of the case come to our favour that I get the remainder that is due.