Won (I think) but what do I do with my "partial" cheque

[Enron]

Thought as much, standard Citi trick to try and get you to settle for alot less than your claim is worth.

 

I'd contact Citi saying that you would accept the cheque as partial settlement of your claim but dont cash it - a cheque has a life of 6 months. Wait for there response.

 

And as Elsinore has pointed out contact the court.

[rory32]

2 threads merged. Please stick to one thread per topic, thanks.

[PatsyTheCat]

Hi everybody,

 

Thanks for all your help here. I'll keep hold of the chq (but wont cash it) and will liase with the court about it.

 

Apologies for muddling my threads and thanks for sorting them out for me.

 

x

[PatsyTheCat]

Hi,

 

I heard from the court this Morning that Citi have not filed a defense in time and that therefore I have won by default. The court is now sending them the CCJ and demand for payment. Problem is that while all the court stuff was going through they sent me a settlement offer of about 35% of the total along with a cheque for that amount. I still have the cheque. My question is what do I do with it now? Do I cash it and wait for the remainder? Or do I send it back and insist on the full amount?

 

Thanks in advance.

 

PTC

[Enron]

No doubt Citi trying to complicate the issue.

 

Citi's cheque, if the accompanying letter mentions "full & final settlement" anywhere in the text or words to that effect return it stating that the amount is unacceptable.

 

I would also be tempted that if you get a copy of the Judgement, to send a copy to Citi yourself with a coverring letter sent by recorded mail - as they do have a habit of misplacing or not receiving important mail.

 

If there is no mention of full & final settlement in the letter cash the cheque, and write a letter to the court to say that you have receiving partial repayment for ££££ (however much), also contact Citi to accept the cheque as partial repayment of your claim.

 

If you have problems with Citi paying the remainder of your claim once you have received judgement, get in touch with me as I have a letter which was pretty effective when I got to that point.

[Lula]

I would write back to them and say thanks for the partial settlement you await the balance of XXXX by return, send it registered, and yes, make sure that the letter they sent does not anywhere by anymeans, state Full and Final, actually if you can scan and post it on here, deleting all personal details, so much the better

[gizmo111]

As Enron says the wording offering the cheques is the key.

 

Also be aware that as this is a default judgement citi will apply for and get a set aside, let us know how you get on.

[Enron]

Yes, there is the possibility that Citi will say they didnt receive the claim paperwork to frustrate the process. I've seen it done before by them.

 

However as judgement seems to have already been awarded, i'm not sure if this can now be reversed and the defendant given more time in light of any excuse.

[PatsyTheCat]

Thanks for the info guys. The letter does say "Full and final" so I'll send it back.

 

Also be aware that as this is a default judgement citi will apply for and get a set aside, let us know how you get on.

 

This makes me really angry . Can somone explain the grounds for a set aside (Apart from my limited understanding which is that they couldn't be bothered to defend the claim and the court saying well OK you don't actually have to pay anything then), why a court would entertain it and also how I go about countering it?

 

Sorry for the rant it just makes me quite angry.

[crash3903]

OT: Enron - Any connection to the American institution?

[gizmo111]

Thanks for the info guys. The letter does say "Full and final" so I'll send it back.

 

 

 

This makes me really angry . Can somone explain the grounds for a set aside (Apart from my limited understanding which is that they couldn't be bothered to defend the claim and the court saying well OK you don't actually have to pay anything then), why a court would entertain it and also how I go about countering it?

 

Sorry for the rant it just makes me quite angry.

 

They will apply for a set aside on the grounds that they have a good chance of winning the case. Let us know when you receive this.

[PatsyTheCat]

Sorry but this is making me angrier and angrier the more I think about it. I looked up set aside and if I understood correctly it means that Citi are claiming that they didn't receive the court papers and therefore did not know there was a claim against them (A number of very offensive words spring to mind). Do the court send papers recorded delivery? If not why not? Why would any defendant bother to defend a claim if they can just turn around and say they didn't receive the papers and therefore want a set aside?

 

:mad::mad::mad:

[Enron]

I know its annoying, but we'll just have to wait and see.

[elsinore]

Patsy, I'll ask for this thread to be merged with your main Citi thread. You don't need to start a new thread each time, if you are posting on the same subject.

 

Els

[rory32]

2 threads merged

[PatsyTheCat]

I've recently filed a judgement by default and I'm encountering a few problems. Firstly, the default was sent to a PO box address and I'm now waiting to hear from the court if it's enforceable. Does anybody know anything about this?

 

Secondly, as I expected, CITI are trying to set aside on the usual excuses, they didn't receive the information, they don't have the resources to deal with all the claims, the Potter case. And lastly that I've settled with them. They sent me a cheque for a small amount - after I'd filed my judgement by default. I've sent the cheque back to hem (this time not recorded - as this is how all of their correspondence is sent to me). They believe that by sending me a cheque that is me agreeing to settle with them, even though I've not cashed the cheque? They have stated that I've attempted to mislead the court because I've 'accepted' their cheque but still filed for judgement (even though I did not receive their cheque until after I'd filed judgement)

 

Is there a way of me countering this set aside at this stage - what shall I do?

 

I really really need some advice here so I know where to go with this, quickly.

 

Please let me know if you'd like to PM you further details.

 

PatsyTheCat

[elsinore]

Citi sending a cheque in settlement and then applying for a setaside are two separate issues. Even if they hadn’t sent you the cheque, they would still have applied for the judgment to be set aside. They are quite entitled to do this and a judge will most probably allow it. It seems unfair, especially when we know that Citi habitually do this, knowing that they are likely to get away with it.

 

However, there are things you can do that might make a judge at least issue an order for directions. This is where the sending of the cheque comes in, amongst other things. You need to demonstrate to the judge that Citi are abusing the system (not difficult) to get round their obligations.

 

When the court receives Citi’s application for setaside, you will be informed. That is the time to counter their application. The judge might order a hearing at which Citi’s application and your counter arguments are considered. You may or may not be asked to attend.

 

Meanwhile, you presumably have the letter which accompanied the cheque from Citi. Is it clear from the date of that letter, that you could only have received it after you applied for and obtained judgment?

 

Els