help with court reply for credit card

orton

Apologies if I have written in the wrong place Myself and my husband are trying to reclaim credit card charges from MBNA and Lloyds TSB. We are at the stage of court action and this has been logged with the court TSB have decided to defend and we have a questionaire to complete. MBNA did offer a very small amount and we sent this cheque back to them and said that we will continue to court which is what we have done, they have said that they will defend their case but have sent a cheque which they have said is a full a final settlement of the complaint. The amount they have sent is a long way from what we feel we are entitled to. They have told the court that they have sent a cheque as a goodwill gesture. Question do we cash the cheque reply to them and the court saying that we will accept as a part payment and continue with court action. or do we return the cheque to them. Have many gone all the way through the court system.
Many Thanks

fermi

Looking at your previous 2 posts, you should probably post this in the Reclaim Bank Charges, PPI & more sections instead.

antrobus

orton wrote: »

..MBNA .. have said that they will defend their case but have sent a cheque which they have said is a full a final settlement of the complaint. The amount they have sent is a long way from what we feel we are entitled to. They have told the court that they have sent a cheque as a goodwill gesture. Question do we cash the cheque reply to them and the court saying that we will accept as a part payment and continue with court action. or do we return the cheque to them....

If you want to take MBNA to court, then I'd return the cheque. If you keep the cheque and bank it, there is a good chance that a court will rule that you've accepted their offer and cannot pursue the matter any further. I say "good chance" because the law isn't a 100% clear one way or another, and it's one of those areas where 'it depends'.

Ben8282

If both Lloyds/TSB and MBNA have indicated that they will defend this action to reclaim bank charges in court, then they must believe that they have a strong defence. Have you obtained proper legal advice and will you be properly represented in court? Have you considered the possibility that they will win and you will find yourself paying very substantial costs?

chattychappy

Ben8282 wrote: »

Have you considered the possibility that they will win and you will find yourself paying very substantial costs?

Agree with the gist except that if the claim is less than £5000, then there is limited scope for them to claim their costs.

trsisko

I'm in the same situation with Lloyds and have just completed the returned allocation questionaire. I'm wondering if this could still be a bluff which im calling.

meer53

What were the charges for ? If they're both prepared to go to court to defend themselves, i'd be worried. Do you have a valid reason as to why they shouldn't have been applied ? Why do you think you should be refunded ?

I agree that accepting the cheque will be the end of the line as far as MBNA are concerned. The cheque will be offered as full and final settlement so i would imagine there would be no bargaining for any more from them in court.