Ozzy v Yorkshire Bank

[ozzywizard]

Hey too cool. Just had urgent message from my wife. She has received a cheque for £405 today. This is half of the amount. I dont go home till 6 so I will not get to see letter till then. Anyways I have told her to take it straight to bank and cash it.

[twoofus]

Are you accepying that as part settlement Ozzy, i'm sure you are. Keep going mate

[ozzywizard]

Yes I sure am, my wife has allready put it in her account and it cleared imedietly. Now when I get home I will look at the letter and reply with a further 14 days edited LBA for the rest of the charges.

I know this really isnt the best way of dealing with this as it will mess up my interest etc but I really did need the money and it came at the right time. I was about to miss a mortgage payment next week so cashing this in my circumstances really was the only option.

[hoogie32]

well in matey - dont let them off the rest.

[twoofus]

Needs must Ozzy, we all have our own circumstances. Keep going mate

[ozzywizard]

Thanks heaps both of yas. I sure will be carrying on. Far from over yet.

[caro]

Make sure that you write back and point out that although you have accepted it, you do not consider it full and final payment and you will be pursuing the balance through the court if you don't get the balance. Just show it as an extra item on your list of charges as of todays date, obviously a minus figure, and that should sort the interest too. Send that with the letter and remind them that the clock is still ticking. If you haven't done MCOL yet you could be nice and reasonable (in the courts eyes) and give them 7 days to pay the rest if you like.

[ozzywizard]

Thanks heaps for the advise Caro, I have not issued MCOL yet, was about too Monday. Now I will do as you say and send them a revised LBA with a thankyou for cheque and that I do not accept it as full and final payment and I have not signed anything to say I did.

 

giving them 7 days to respond. Also adjust my schedule of charges accordingly. Since I started this procedure I have about £70 extra charges so it needs fully editing anyways.

[caro]

I have a feeling they may and strike out the claim as you accepted the cheque but lots of people have done this with other banks, but I have only heard of YB being awkward about it. As I see it if someone takes £10 from you and offers you £5 back they still owe you £5 whether they like it or not.

[ozzywizard]

Yeah exactly Caro, I think the big thing here is to remember that the cheque is not signed for or a mutual agreement of full and final settlement. Although it has been cashed with a condition it is not a condition that has been agreed too.

 

They will try for a strike out im sure, but it is somthing I will fight. If I do lose then not a prob as this money really has come at the right time with my finances how they are so either way I win.

 

As I see it if someone takes £10 from you and offers you £5 back they still owe you £5 whether they like it or not

 

Agreed unless signed otherwise and I did not.

[caro]

I don't think it will be a problem getting the rest so just take one step at a time until you win. At least it has got you out of a hole for now.