Advice needed...partial refund cheque banked!!

[T4FF]

Hi there, I've been working a few accounts for my sister in law recently and one of the accounts I'm currently working on is an MBNA credit card.

I have recently received an offer of about a third of the requested charges and sent a response stating that I rejected their offer of full and final settlement, that I would accept the offer as partial settlement and that if they didn't respond in 7 days, I would be returning the cheque.

All's fine up to that point....

Only, my bloody idiot SIL has banked the cheque. I can't believe it! What I'm wondering is, what can I do to resurrect this claim? Where do I stand with regards to having banked the cheque and the letter that was sent?

Truth be told, it's her own fault if this goes belly up, I'm not doing a shedload of work to sort this if she cant wait a month for the full amount, but just interested to see if there is anything I can do to sort it or whether this has any impact at all?

Thanks

[skbuncks]

Hi T4FF

Did they say in their offer that by cashing their cheque she agrees to the settlement?
If not and they dont respond then I would say she can just send them a cheque of her own for xx amount. Afterall she hasnt agreed to anything by cashing it.

skb

[T4FF]

"Send them a cheque of her own"????


As in a refund of the refund? Not entirely sure that's going to be possible, she has used the cash, the reason for cashing it, it was "needed" :@


Will have a check of the letters to see what the wording states.

[T4FF]

Well!!!!

I spoke too soon. Despite her banking the cheque, she received a letter today with an offer for the full amount!!!

What a turnaround!