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kessik

Ikano offer me 50% (again) - MCOL?

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Quote:

Originally Posted by BankFodder viewpost.gif

If they have offered you 50% then you are obliged to accept it because you have a duty to mitigate your loss. However in your acceptance letter you must make it clear that you are accepting it only as a part payment . If they reject that, then go ahead and sue for the lot. If they admit a responsibility of 50% then they are obliged to pay that and simply defend on the remainder because they also have a responsibility to mitigate their own loss.

 

Thanks for that BF. This is the second time I am going after Ikano, the first was 3 years ago (not sure why it's all lumped together with old threads?) and I'm sure that last time I filled in a MCOL against Ikano as soon as they offered me just 50%. I don't remember anything about mitigating losses. So do I write and say I'll take the 50%, thank you very much, but if you don't pay up the second 50% I'll take you to court?

I don't really understand......sorry!!!: confused:


Barclays £3065 - prelim letter 30/7/06 - LBA 15/8/06

Halifax CC £495 - prelim letter 30/7/06 - LBA 15/8/06 - MCOL 5/9/06 - FULL REFUND!!

Sainsburys CC £580 - prelim letter 30/7/06 - offered £25 10/8/06 :lol: - LBA 15/8/06 - MCOL 3/9/06 - FULL REFUND!!

First Direct £352.50 - prelim letter 11/8/06 - LBA 25/8/06 - offer of FULL AMOUNT 7/9/06

Virgin CC - Data Protection Act letter 3/8/06

New Look £110 - prelim letter 30/7/06 - LBA 15/8/06 - offered £50 20/8/06 - MCOL 1/9/06 - £142.25 r'cd 25/9/06

OH MBNA CC - Data Protection Act letter 14/8/06

OH Halifax CC - Data Protection Act letter 14/8/06

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That's basically it. Write and say that you accept the 50% as a partial settlement only and that you will contine with your court case for the rest (forget about mitigating losses - that is technical stuff and you don't need to refer to it. Just don't turn down the 50%)


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