Help ... just started MOL and cheque arrived

MimiJane wrote: »

Hi guys,

Started court proceedings with MOL on 10/4 with Alliance and Leicester for over £3k. They've not acknowledged yet, but got a cheque for £900 this a.m. with a long letter saying goodwill gesture, charges fair, etc., etc. Can someone please let me know the correct procedure for returning the cheque ... want to hold out for the full amount!

You are entitled to the full amount & interest & costs at this stage so you can either return the cheque rejecting it or write to accept it as partial settlement without prejudice and continue to claim the full amount. Your claim will need to be amended to reflect this though. From the MCOL FAQ:

Once the claim has been issued the court cannot change any of the details submitted without an application and request to re-serve the claim. You must complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details. The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due.

If this seems like a hassle then simply return the cheque rejecting the offer completely. Good luck

I am herewith returning your cheque as I cannot accept your offer of £900 as full and final settlement of my claim. I have made a reasonable effort to settle this claim before issuing a court claim, but you ignored my efforts to settle this. Seeing as I have now had to issue a court claim because of your failure to deal with my claim in a timely way, I will now settle only for the full amount of charges + statutory interest + court fee.

MimiJane wrote: »

Just thought of something : the bank and court have not had a list of the 8% interest charges yet, as I didn't initially claim for them. I did mention the interest figure in the particulars template though. Would now be a good time to send a complete schedule showing the interest to the bank, or should I wait for the court to get in touch and send it to both parties then?

The bank will be aware when they receive the claim from the court for defence that you are now entitled to interest. You might as well save the printer ink and send it as and when it is requested.