Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I am claiming £524 + £163 interest from A&L.
To cut a long story short, they first offered £212 goodwill, which I declined.
I then sent an lba to them and got no response within 14 days.
I filed my claim online, paid the £80 charge and within a couple of days I have now received a cheque for £524.
The letter states that this is a goodwill payment.
The full claim online is £747 with interest and court fees)
Now, my question is, while the claim is still going through, can I cash this cheque as part payment or do I have to notify the court of my actions?
Or should I wait to hear from the courts to formally decline this offer?
Will me cashing this cheque be accepted as settlement of the claim even though the letter states it is a goodwill payment?
Could do with this cash now as part payment while I'm waiting for full admission and refund.
I've had a look on the MCOL site but cant find out the answer
Issued the MCOL on 19/11.
Was posted to them on 20th and served on 25th Nov.
Letter from them offering goodwill payment dated 22nd Nov.
Cheque arrived dated 28th Nov.
I would assume as it doesnt say anything about this being on the condition that this is Full and final settlement and is stated it is an additional goodwill payment, I can cash it and still proceed with the balance of the claim?
Do not cash the cheque?
Even though it states on the letter that it is another goodwill payment and mentions nothing about it being "in Full and final settlement"?
I gave the court a ring and the lady on the phone, said although she was not allowed to give legal advice said she would probably cash it and pursue the rest of the claim
So do I have to inform the courts of this cheque in writing then, along with my intentions to accept it as part payment but to continue with the claim in a letter, or on some specific form?
I am going to bump this, what I wrote was my own opinion and how I would handle it. i know from other parts of the forums the banks have tried this ploy and the advice has been not to cash the cheque until you have full payment. others have returned the cheque torn in half and told the banks the claim still stands.
So they sent the wrong amount AFTER they knew they had a summons. My advice is check that your claim is valid, in terms of quantum first, (ie all correct charges, correct interest etc, not forgetting cost of summons.) As long as your sums are correct, hold fast-they will crumble. They always do, because they know they wont win. BTW, in their AOS, did they say they intended to defend the ENTIRE claim? Or have they admitted any amount?
If they state they are going to defend the entire claim, that can only mean they are disputing the whole amount. Which means they dont believe you have a case. Which means they dont accept the law on which your claim is based. They tried that with me, after I got a ccj and bailiff against them. We went to court. and the DJ ordered that"it is recorded that the defendants take no issue on liability, but that it is a matter of quantum only"-in other words, they accept the basis of my claim, if not the amount. If thats the case, then they will accept liability over their breaches of UTCCR99....which lays open harassment at their door(see battleaxe thread).."Cheque please!"
Jim V A&L
from A&L.
.
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