When You Get Your Refund

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Revision as of 00:51, 8 July 2007 by Mbrowne (talk | contribs)

It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:

  • Write to the court: notify them that your claim has been settled, and that you now consider the claim closed. See example letter below
  • Write to the bank: thank them for settlement for THIS claim
  • Fill in the survey here: BAG needs to know which banks are settling, and how much for
  • PM a Mod or Sitehelper with details of your claim for the Litgation Section
    • Claim Number
    • Bank
    • Sum Claimed
    • Date Settled
  • Visit - and use - the donate button here: your donation will help keep the site available for other people
  • Go and celebrate

(clearly, if you have not raised your claim at court, then you do not need to do the first and fourth tasks...)

Do make sure that the bank really has settled and that you have everything you want, but it is in writing and you have the money. Unfortunately we have had some reports of people withdrawing their claims simply on a verbal promise from the bank which has then gone on to delay or complicate the settlement. In one case the bank agreed verbally to remove a default notice and then later on refused to do so.

Also if you have paid the fee for an allocation questionnaire then make sure you get this back as well. Make it clear to the bank exactly what your costs are and that it is a condition that they will all be received before you withdraw the action. You have to be hard about this and if you want you can explain to them that you do not trust them.

If the banks settlement letter says that the matter is confidential -- that you have not agreed to this then do not worry because you are not bound by any duty of confidentiality.

Here is a template letter to the court:

Dear Sir/Madam

Notice of Discontinuance

Your Name v Bank – Claim Number - xxxxxxx

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £xxxxx.xx.

As such, no further action is necessary in respect of this claim.

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

A copy of this letter has been sent to the Defendant.

Yours faithfully,

However you may wish to apply to the court for Wasted Costs