Step 5 - Bank Responds to Letter Before Action

If the bank has ignored your "Letter Before Action" and hasn’t replied within 14 days then you can proceed to take Court Action.

If the bank has responded, with an offer of Full or Partial Settlement, then read the notes below.

If the Bank makes an offer of Partial Settlement for your Claim for Bank Charges

If the amount the bank has offered you is close to the amount that you have asked for (without interest), then it’s a good idea to accept it, so you don’t have to take the bank to court. In the end, its still money you weren’t expecting, so think of it as a bonus, rather than you haven’t had the full amount you asked for back.

However, the bank may make the offer with conditions, such as you agree not to claim further charges back. Its up to you if you want to accept these conditions, but its a good idea not to. You could however write to the bank saying you will accept their partial offer, if they remove all conditions attached.

If you don't want to accept the offer, see the letter below to reject the banks offer.

If the Bank makes you an Offer for "Full and Final Settlement"

If the bank has made you an offer of "Full and Final Settlement", without conditions, offering your full charges back (without interest), you MUST accept it. You can’t take the bank to court just to get the interest!

However, if the bank offer a "Full and Final Settlement" with conditions, such as agreeing not to claim back any future charges, you can ask the bank to remove the conditions, or you will carry on with your claim.

Rejecting the Banks Offer / Accepting the Offer as a Partial Settlement Only

If the bank makes you a partial offer as a "Full and Final Settlement" which you are not happy with, then you can send the letter below to let them know that you will accept their offer as a Partial Settlement, but you will carry on claiming the rest of the charges back.

The bank may not respond, or withdraw the offer.

You can then commence Court Action once the 14 day deadline from your Letter Before Action has passed.

Letter Rejecting Banks Offer

Letter Rejecting Banks Offer

The letter is shown below in case you don't have Microsoft Word, so you can cut and paste it into another application.

[YOUR NAME]
[YOUR ADDRESS]

Date: [DATE]

[BANK NAME]
[BANKS ADDRESS]

Re: Sort Code: xx-xx-xx
Account number: xxxxxxxx

Response to Settlement Offer

Dear [SENDERS NAME]

Thank you for your letter dated [DATE OF LETTER]

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £[AMOUNT OF CHARGES].

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

My letter before action sent previously indicates that you have until [DEADLINE DATE FROM LETTER BEFORE ACTION] to respond before I will commence Court Action.

You are reminded that there will be no extension to this timescale.

Yours faithfully

[YOUR NAME]