do i accept cheque the banks sent? but it's only half the amount requested. PLZ HELP?

[jo24]

Hi all! :confused:

Can some one who is or has been in a similar situation with the clydesdale bank please tell me what to do, as the bank has now sent me a cheque for £1123.76 which is only half the amount i've requested? This doesnt include the interest. Although i have sent them a copy of all the charges plus interest which come to a total of £2700, which is alot of money to lose. Is there a chance i could get the full amount or even the amount less the interest? PLease help not sure what to do next? ( although i am very tempted by the cheque but i think thats there ploy to sway me to take it!! )

 

Any help greatfully recieved!!! Thanks

J

[Michael Browne]

although i am very tempted by the cheque but i think thats there ploy to sway me to take it!

That's exactly what it is. Tear the cheque in half and send it back.

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I would remind you that by insisting your part payment is in full and final settlement and not agreeing to my terms you are failing to mitigate your losses as the interest will continue to accrue on the full amount on a daily basis.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

[jo24]

Thanx so much michael! Really wasnt sure what to do. Do you think the banks likely to back down tho? I'm a bit worried incase i dont win my claim in the courts and then I'LL be due them money?

[Michael Browne]

I'm a bit worried incase i dont win my claim in the courts

To do that, you actually have to appear in court. The bank will settle before that happens.

[Castlebest]

Alternatively write back to the bank thanking them for the cheque which you are accepting solely as the first installment of the total repayment of the claim and confirm you will be continuing with your claim for the full recovery of their unlawfull charges.

 

Then bank the cheque.

 

pete

[younganfree]

Alternatively write back to the bank thanking them for the cheque which you are accepting solely as the first installment of the total repayment of the claim and confirm you will be continuing with your claim for the full recovery of their unlawfull charges.

 

Then bank the cheque.

 

pete

 

By all means, write & say you'll accept part payment if you want to follow Castlebest's suggestion, but I wouldn't bank the cheque just yet - see what their reply would be first. You'd be in deep wotsit if you spent the money, then they bounced the cheque on you.

[jo24]

Thanx for the info guys! think thats wot i'll do. If i do it this way and accept part payment ( if all goes to plan) then i'll be able to issue them with a summary clause and there for no need for solicitors, is this right? I'll def NOT bank the cheque tho, just incase.

 

Jo

[gizmo111]

Alternatively write back to the bank thanking them for the cheque which you are accepting solely as the first installment of the total repayment of the claim and confirm you will be continuing with your claim for the full recovery of their unlawfull charges.

 

Then bank the cheque.

 

pete

 

DO NOT BANK THE CHEQUE - unless you are prepared to accept in fianl settlement of your claim. The law is very clear that if you bank the cheque that was offered in full and final settlement the nyour claim is over.

 

Thanx for the info guys! think thats wot i'll do. If i do it this way and accept part payment ( if all goes to plan) then i'll be able to issue them with a summary clause and there for no need for solicitors, is this right? I'll def NOT bank the cheque tho, just incase.

 

Jo

 

You can only bank it in part settlement if you receive a positive response from the bank agreeign to this - send the cheques bank - then the onus is back on them to settle before court.

[jo24]

Thanks gizmo111, i was planning on just sending the cheque back and just carrying on with my claim, the only thing is i'm still a bit confused with the process actually, because my claim is for £2200 then another £400 for interest which comes to £2700 but her in scotland the small claims courts max is £750 so do i go with the ordinary clause which i think involves a solicitor? can anyone give me any info on this process before i carry on?

Thanx

J