What to do next?

[banksgonemad]

I've just had my letter off Cap 1 yesterday offering me a full refund of £1194 and they say that I'll receive the cheque within 14 days, do I contact MCOL on Monday to stop the court process or do I wait to receive the cheque/cleared first?

[Michael Browne]

Wait until the cheque has cleared

[banksgonemad]

Many Thanks.

[iwgunter]

Cap1 said they would send me a cheque within 14 days - That was on the 27th March, 20 days ago. They also stated it on their defence form which is dated 27th March 07

 

 

tut tut tut

[hagenuk]

You should not allow them to push you into waiting a moment longer. If they inform you that they will pay you in 14 days, then you pursue them vigorously and enthusiastically on the morning of the 15th day - or in other words, rather like they would do to you.

 

If you feel that Capital One are taking too long to pay you, despite your agreement to settle then send them something like this.

 

Dear

 

Your Ref:

 

Please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts.

 

Further to your letter of (date) regarding the settlement offered by you and accepted by me thus far I have not received payment or any explanation as to why not. I consider fourteen working days more than sufficient for a company such as yours, engaged in the business of consumer banking, to be able to process and execute a payment.

 

Take notice that should I not receive payment of the (£ Amount) offered in your letter without delay then I reserve the right to continue with my claim against you for the amount of (£ Amount) plus interest pursuant to statute and court costs and without further notice.

 

Furthermore, I intend to draw the Court’s attention to the fact that you have not made the payment referred to in your offer letter, in addition I will make a formal complaint to the Law Society, the Financial Ombudsman Service and the Banking Code Standards Board and I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Yours sincerely/faithfully