jimhl81 v clydesdale 1

[jimhl81]

Hi

 

I have been sent a cheque for half my claim by clydesdale, with the note that it is in full and final settlement and that encashment of it will be taken as acceptance of this.

 

The question is that if I accept this, is the claim finished or can I say we do not accept this as final settlement but would take it as part settlement and continue for the rest.

 

 

Thanks

 

Jimhl81

[charlieho]

Jim,

 

I believe that if you cash the cheque and the letter with the cheque says that by encashment of the cheque you accept as full & final settlement then it will be seen in court as full & final settlement (I used this when I offered DCAs short settlements).Your options are send the cheque back and say that their offer is not acceptable as full & final settlement - explain to them again what you are after OR take their offer.

 

However bear in mind that the majority of people have got the full amount they are owed eventually. See CharlieHo V Nationwide post number 18 and also see CharlieHo V Abbey National Credit Card - **WON** post number 7.