Goodwill Gesture but with conditions

Kate_fixing_it

Hi all,

I'm hoping you will have some advice on this as Google can't give me an answer related to the UK.

For two years I've been fighting for a refund (which will be used to pay off a chunk debt - hence the relevance). I do not owe the company involved any money.

I have received a letter which states in the final paragraph (aftrr a lot of argumentative waffle) that they will refund "as a gesture of goodwill" but only if I provide evidence of the emails I sent that weren't responded to and an itemised phone bill proving I called them.

My thinking is that a gesture of goodwill is an action with no gain for the party offering it other than a quick close to the matter with no acceptance of liability. So its not something you can add conditions to.

I'm currently planning to send a letter telling them this and enclosing copies of the emails (as my own gesture of goodwill ). I'm not sure I can get the phone bills as I called from a PAYG mobile so currently can't send this. Accepting the payment and stating that I will collect a cheque from their office in person in a week (it's an estate agent and they won't want me popping up at their office during a busy period ) I have also asked them to provide proof or an explanation of how they record incoming calls to prove these calls were (as they claim) not received. They have ignored this completely.

What are your thoughts?

Kate x

Kate_fixing_it

Just to add I'll be sending the letter recorded as the last letter was apparently not received when I queried the lack of response yet they've sent me a copy of the response to it dated last December (?!?) after I emailed every available company email address - at their request and received a snotty response from their MD telling me to stop emailing all departments.

Kate x

Prothet_of_Doom

What they are saying is "If you agree to drop it, completely, including waiving the right to sue us, we will give you X, BUT ONLY if you prove it"

happy_bunny_2

I have had money from banks a few times with the gesture of goodwill caveat. Means they do not accept liability.

You could always take them to the small claims court if you are confident of having a good case. That threat may alone remove their stupid call proof demands and get your cash.

How much is it?