Thread: Goodwill Gesture!!

Hi,

I am fairly new to this site and have recently received a goodwill offer from cap one for £200 the amount I am claiming is around £500 so as you can imagine I want the full amount. I received this offer by cheque and have not banked it yet! I did send a letter stating that I would accept the offer as part payment only and will be claiming back the rest and the letter states they have 7 days to repay the rest otherwise I will take court action...it is day 6 and there is still no word from them.

My questions are do I start the MCO tomorrow and just claim back the remainder of the cash they owe me which is around £300 as I have received the £200?

Also will it go against my case if I bank the cheque? At the moment it is sitting there as I was afraid to bank it but could do with cash to pay of some of my overdraft!!

Any help would be great- as I am knew to the process.

Cheers

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It won't go against your claim if you bank the cheque, but make sure the cheque clears into your account before altering the claim. There are letters in the templates library for accepting partial settlements.

Hi Rory,

I am sorry to sound so vague but what do you mean altering the claim?
I am just waiting for cap one to respond or my next step is court action.

Option 1. Start your claim for £500 on MCOL tomorrow evening as the 7 days will be up. You can write to cap one if you wish to say that you will accept £200 as partial settlement. Bank the cheque and once it has cleared alter your claim to £300.
Option 2. Write to Cap One as above and bank the cheque. Wait for it to clear and then file your claim on MCOL for £300.

Simplist is obviously the 2nd option but will delay your claim by a few days.

Hi Rory,

I will have to go with option two as I have already sent them a letter saying I will accept the £200 as part payment only and given them 7 days to respond...otherwise court!!

Thanks for your advice- much needed & appreciated!!

But if you state to them in writing that you only accept the cheque as partial settlement and not Full and final settlement it doesn't really matter what they think. The matter is only resolved when you as the claimant say it is resolved.

I stand corrected.

Hi Guys,

Thanks for all your comments and help.
I did bank the cheque at the moment I don't have alot of choice as I have other things I need to pay including the MCO!!
It didn't state in the letter that this was a final settlement it said if they do not hear from me in 4 wks they would consider the matter closed.
I wrote the letter the day i received the goodwill gesture making it clear that I would only take it as part payment and will be claiming for the rest.

I know other people who have done this and they have had to go down the court route but they have got their money got back.

I see your point they could think as I have banked it it's the end,but as the 7 days are up I have to start the MCO process now anyway.

Is the MCO difficult to do? Is there anything I should do in prepartion?

Hopefuly all will go well. I am expecting a fight and a long winded one at that.

Thanks again.

MCOL would appear to be very straight forward. Any questions just post them and someone will help.

Thanks Rory.

I have read through the step by step part I will look at this again in more detail.

Cheers!