Lets hope so! Just hoping they settle now before March 15th - hearing date. Prepared to go to court if not. Will keep you posted - hope it's the same Judge!

A few!! Thanks for your support. Will let you know how it goes as I approach the hearing date of 15th.

Well, lots been happening! The Y B have tried to have my first case struck out, but after writing to the court explaining that I cashed the cheque sent to me in part payment only, the Judge has ordered the case to continue and the hearing is set for March 15th. Really pleased about this. The second case was granted a months stay and when that was up I contacted the court, having heard nothing from Y B, only to be told that Y B had contacted the court and said they had settled! (cos I cashed the 50%cheque on that case too). Told Judge is wasn't settled, had stay removed and been given a court date for this case for May 2nd. So roll on the court dates!! I'm not beaten yet!

Good News! I was offered a cheque in F+F sett for 50% of claim but wrote back and accepted it in part payment. Cashed the cheque. Y B have tried to have the case stuck out but the Judge wrote to me for my comments. Explained I cashed the cheque in part payment and the case has been still set for hearing on March 15th. Really pleased about this as I was worried I had made a mess of things! Roll on 14 days!

Hi George, Do you know anyone in an Engish court whose case has been struck out because the claimant has cashed a cheque and written to say they are accepting it in part payment?

Hi Gary, Just wondered how things were going - any news? My 1st claim has been stayed for a month but the 2nd claim wasn't granted the month stay and have a court date for March 15th. Did you send your cheques back? I cashed mine and wrote stating I had accepted them in part payment. Could have made a complete mess of things, but still went ahead and put in claims for the balance on each claim. Will just have to wait and see what the Judge says! barnett

Hi, sorry I haven't posted for ages but not much news! Y.B. have asked for one months stay on the first claim which has been granted. AQ submitted for second claim but no response received for that one yet. Kind of expecting the same reply. Just playing the waiting game now. Will let you know when anything else happens. No way I'm giving in on this. with the interest I stand to gain just over 15k on these claims!!

Received defence today basically saying that the charges were for a service. Filling in AQ today. Please could you tell me what to expect next?

Thanks for that caro.

Hi Jon. Can't find Freebirds thread, please enlighten me further!

MCOL filed for claim 1 on Dec 21st and claim 2 on Dec 5th. Both acknowledged and notice sent saying they intend to defend in full both cases. When do they normally send the defence? Do they wait till last min?

Michael, Thankyou very much for that info, that has put my mind at rest.

Thanks very much. They really semm to drag things out! Trust me to be with the most difficult bank! By the way I filed the first claim in my sole name when it is a joint account. have read some other threads on this and get the impression that it will be ok. Can you confirm, otherwise I will have to fill in amendment form with the court and pay £35.00. ten they will reserve claim in joint names. If not necessary will save me some money. Second claim being done next week but totals 6.5k with interest. will this be fastracked instead of small claims - court cost coming up as £250. Are you any further on with your claim?

Thanks Caro, Have entered MCOL which has been served. Y.B are going to defend. When I receive defence what do I do next?

Thanks for the advise guys. Could have made big mistake! Have already submitted MOLC for one of the accounts for the balance of claim, stating that I have already received part payment cheque. Taken advise from my lawyer after panicking, who says that if they offer settlement of claim I should only accept after making clear that I can cash the origional cheque on top of the offer. She advised not to return cheques but claim for balance cos it will stay in small claims and give me better chance. Will just have to wait and see!! Not put in claim for other account yet - going to wait and see what happens with this one. Just have to hope I haven't made a complete mess of things!

Received letter saying Banks position hasn't changed and if I cash the cheques then it will be taken that I have accepted them as full and final settlement. Have done the 8% interest sheets and going forward with MCOL. As I still have the cheques can I deduct them from the total claim? If I do this and put in separate claim for each account then I can be under the small claims limit. Think this gives me a better chance of recovery. Also do I have to send interest sheets to anyone when I do claim? If so where do I send? Please advise. Thanks.

Caro, Thanks for your support. I don't feel very brave just worried that I may have lost 6.5k!!! Must remain positive and will be following thro till the end! Will keep you posted.

Thanks Guys, very usefull info. Haven't received defence but expecting one at next stage after declining offer of half my claim. Just want to be prepared.

Can anyone answer the following for me please? If YB put in a defence or counter claim against court claim what is their actual defense or counter claim for? Would be really interested to know. Thanks.

Caro, Thanks very much for that, I'll fight on!!

Robert, Thanks for that info, it's really useful. I think I shall play safe and write to them saying I will accept cheque as part payment but intend to continue with rest of claim, in court if neccessary. Will hang on to cheque till I receive a reply, then they can't say I've accepted if I haven't cashed it.

Robert, Easy to say but not easy to do!!! 6.5k is massive amount of money and christmas is looming!!

Hi Paul, Yes it is really frustrating holding on to a cheque for 6.5k!!!! I am in such a turmoil!! Have looked at the thread you suggested, lots of people in same situation asking advise but can't find anyone who's banked cheque from YB and gone on to receive rest of claim! If i could just confirm that someone has actually done this by accepting it as part payment and then gone on to be successfull I would be rushing down to the Bank!! It is so irritating to get this far and not know what the best thing to do is. i seem to be getting lots of conflicting advise! although I do appreciate all of it.

Hi Robert, Thanks for that info. Can find threads where people are asking advise on what to do in a similar situation to myself, but can't find any where someone has actually banked a cheque from YB and then gone on to successfully recover the rest of the claim!! If you can find out any more info I would be most grateful. Don't want to bank cheque and make a mess of things!!

Thanks for advise Jon, makes a lot of sense. Was maybe being a bit keen! Will be writing to them today.