Part payment cheque received - what do I do now?

[minuettoallegretto]

I'm sure this has been asked before, but I'm blowed if I can find it! I'm at the LBA stage with Capital One, claiming a total of £272.61 for charges plus interest. However, the day after I sent the LBA, I received an offer of £89. I have now received a cheque for the £89, with a week left to go before I start the court process. My questions are: Do I pay the cheque in to my bank or not? and Do I write accepting this as part payment and proceed with my timetable as planned? All help gratefully received!

[dpick]

Originally Posted by minuettoallegretto

I'm sure this has been asked before, but I'm blowed if I can find it! I'm at the LBA stage with Capital One, claiming a total of £272.61 for charges plus interest. However, the day after I sent the LBA, I received an offer of £89. I have now received a cheque for the £89, with a week left to go before I start the court process. My questions are: Do I pay the cheque in to my bank or not? and Do I write accepting this as part payment and proceed with my timetable as planned? All help gratefully received!

Write to accept as part payment(amend template letter to suite) and then continue with your timetable, you will get paid in full.

dpick

[welshcakes]

Here is the letter link I think you are looking for - Letter 1

[angela1606]

ty 4 that answer i too have just had a letter offering £166.00 from £418.00 and wondered wether to keep the cheque or rip it up and send it back to them and keep fighting

[redsonja]

I personally would not accept any part payments. It seems Capital One have changed their tactics by sending out cheques automatically as they never used to do that.
I would return the chq and not accept the offer as you dont want to end up going to court for just interest if they agree to refund full costs.
Thats just my opinion though so it is your decision.

[angela1606]

hi red i have sent them the letter 1 today and will forward the chq when it arrives and sending lba today seperatly ty 4 hep and gl min i will race you lol

[thesergeant]

IMHO you should accept the partial payment but continue your claim for the remainder. If they are unlikely to appear in court for your full amount are they really likely to turn up for whats left?

Send the template letter Rejecting Offers
and carry on ..............

[eggopp]

LMAO, its a pattern isnt it people.. We had an partial offer on one of two accounts credited to the credit card which was closed and not re issued in 2004... makes you laugh doesnt it.. On t e second account they said they will look into it.. So inconsistent in their practice..

Anyway ive issued an LBA today in respect of both accounts seeing as they appear to have caughr themselves up.. telling them we want it all, by cheque, or see you in court..

[ukaviator]

Capital One seem to follow the same tactic every time. Should always be on our guard though, you never know.

Uk

[jotty]

I am a little further on with this, my claim is for £1200, I got a cheque for £589 and a rather confusing and lengthy letter explaining. I have kept the cheque and responded no thanks. Cap One then failed to send in an AQ as they presumed that I had accepted. The Judge then issued an order giving them 14 days more and they still failed to respond.
I have now asked for Judgement by default whic I am told will be granted, so the lesson is keep going and let them do the runnin around. Dont ever ring them and remind them that they haven't done something.

I will update my thread when I get a result.