In Court with the Clydesdale Bank

[claimitall]

I wonder if maybe anyone has a definative answer to this one. I claimed CB and went through first letter then LBA and got usual fob off.

 

I then put in small claim for 490 plus int of 120 and 39 costs. I then got a letter and cheque from Neil McKirdy for 550. The letter was dated 1 week before the claim went in but i received it 1 week after the claim. Suspicious huh.

 

letter stated encashment of cheque was full and final settlement. I wrote back saying i would accept the cheque as part payment and that as a small claim had been raised then i would expect the balance to be paid.

I did cash the cheque following my letter.

 

I received a further letter saying that as i had cashed the cheque then i had accepted their terms and that I had effectively barred any further action in court.

 

I decided to test this at the hearing as they had decided to defend. They brought in local solicitor and their defence was usual charges are fair and representative of cost etc and also stated that I was barred from proceeding as i had accepted and cashed cheque.

 

The sheriff did appear to agree with this view and strongly suggested i take legal advice before appearing at the continuation in a couple of weeks.

 

What is the view as i have seen numerous different points relating to this in the threads over the last few months. I am quite prepared to test both the unfair charges defence and the full and final settlement defence statements in court if you people out there think it is worth getting involved.