Can i accept goodwil payment and fight for full payment ?

[paulminize]

Hi again, seems i have another question, no dont all shout at me because i know i have read something along these lines but cant find where -

 

MBNA have offered me £300 as full and final settlement of my claim against them - i havent actually sent a prelim yet only an SAR, however i estimate they owe me £800.

 

The £300 would be nice now though, so will it harm my case if i cash the cheque and write saying "thank you fro intrim payment, but i still require full settlement blah, blah, blah"

 

OR

 

Should i just send the cheque back, and say "No thanks - full payment please"

 

If i do cash the cheque will they be able to argue that i have therefore agreed to settle ? Or will they then be more reluctant to pay me the rest and go to court ?

 

Thanks for any input

 

Paul

[Glenn UK]

Paul

 

funny thing is you have a duty to mitigate your losses and accept any payments whilst still pursuing your claim i believe.

 

So what i have done with MBNA is to write to them saying thanks but im still claiming.

 

Oh im pretty certain that you cannot sign your right to sue away anyway. The right tio sue is not somehting which belongs to you, its a matter of law due to the breach of contract/unlawful removal of meny from you.

 

Its not yours to sign away is how i understand it.

 

I believe that if you sue them however, and the settelemtn is awarded by the courts that would be different.

 

Be interested to hear any views on the matter of whether you can sign away your rights, but im pretty certain you cant.

 

JMHO

 

Glenn

[eratu13]

You need to show the courts you have tried to behave in a reasonable way and tried to resolve this without involving them unnecessarily. So accepting the 300 and saying something along the line of I appreciate your positive gesture but calculate the money I wish to be returned is in the region of 800 pounds and I will accept this 300 as a partial payment only .That would show willingness to try and resolve things responsibly before involving the courts and put you in a stronger position if that becomes necessary as you can then show you have been trying to sort things out but the bank has refused to be reasonable. You can not legally sign away your rights to sue in this way and if they send you out a agreement simply cross out initial and date the sections you do not wish to accept and return it they will probably send the money anyway. Obviously photocopy the agreement you return to them after you have amended it so you they cant claim you accepted those terms. Put into your letter saying you will be lodging the cheque and if they dont want to accept your terms they can cancel the cheque. stopping a check is rather easy and if you send the letter recorded lodge it a couple of days after it has been delivered that way you can say I told them was a partial payment they had opportunity to cancel cheque if they wished .

 

Hope this helps

 

Eratu13