Ok, ive been going through the process outlined on this site for some time now, sent S.A.R, sent prelim letter and also sent LBA. Have initiated a summary cause action against CB and have hearing set for Feb 2007.
The question I have is this:
On 14December 2006 I went to Sheriff court (as in Scotland) and submitted my summary cause summons, recieved this back in the post and on 19 December 2006 went to sheriff officers for them to serve on CB. Now also on the 19 December 2006 I recieved a letter from a name which may be familiar, Mr N Kirdy. This was a full and final settlement offer of £1200 in the form of a cheque, my claim is over £2.5k (although broke down to suit Scottish small claims limit)
I have issued this response:
Dear Mr McKirdy,
Thank you for your letter dated 19 December 2006 (your ref: *******************), I respectfully decline your offer of full and final settlement of this claim as I wrote to your organisation on 08 July 2006 and again on 02 November 2006 requesting you refund a total of £2366.50 which had been taken unlawfully from my bank account. This was my attempt at settling this matter without the need to involve my local sheriff court. These letters were regrettably declined by your organisation.
May I take this opportunity to advise I have now started a summary cause action against Clydesdale Bank PLC for the sum of £1496.00 plus interest at the judicial rate of 8% p/a and costs. Unfortunately as I have had to involve the sheriff court the only figure I will be accepting is £1496.00 plus judicial interest and costs.
I understand the responsibility of maintaining my bank account lies solely with me, however I also understand when I entered into a contract with your company you agreed to conduct yourselves lawfully and in a manner which complies with UK law. I feel confident I can show a court you have acted unlawfully and have breached Scottish common law. All productions I intent to rely on in court will be issued to you in due course.
With regard to your offer of £1183.25 I will accept this sum, however pleased be advised, this I accept as part-settlement only and on the clear understanding that I will pursue recovery of the remainder through the summary cause action which is imminent.
I trust this clarifies my position and will await a response before any further action is taken with regards to the cheque you have issued to me.
Now my question is this, the cheque they have issued to me can I cash this??
I am unsure as in their letter it states "this is paid in full and final settlement of this claim and your encashment of it will be taken as your acceptance of this" or does my letter cancel out my acceptance???
Thanks in advance for any replys.