im stuck and need some answers.

mark1964

i have recieved a letter from the bank. inside was a cheque,and a letter stating that this was a goodwill gesture.it also stated that i had 8 weeks to reply or they would presume the case closed.two days later i have rcieved another letter,this one is a acknowledgement letter from the court and it states the date 27/6/2007 and the banks solicitors address along with a box which has been ticked that they intend to defend all the claim.my questions are these.......
1. can i cash the cheque and continue the small claims procedings for the rest of the amount.
2. if i notify the bank after 4 weeks and tell them i am still continuing the procedings,have i won anyway by default and they will have to pay it all out.
3.if i continue at court and lose will i have to return the cheque and pay their solicitor costs etc.
4. will i have to go to northampton court for the procedings.
5.can i also claim compensation at court for stress because i am ill in health because of the way the bank has treat me and also how these charges have effected my life style.
6 do i have 28 days from the acknowledgement date 27/6/2007 or is it the issue date 20/7/2007 in which i can judgement by default.
7 what is a court bundle and where can i get one from.
please help because im quite anxious!

einyuk

mark1964 wrote: »

i have recieved a letter from the bank. inside was a cheque,and a letter stating that this was a goodwill gesture.it also stated that i had 8 weeks to reply or they would presume the case closed.two days later i have rcieved another letter,this one is a acknowledgement letter from the court and it states the date 27/6/2007 and the banks solicitors address along with a box which has been ticked that they intend to defend all the claim.my questions are these.......
1. can i cash the cheque and continue the small claims procedings for the rest of the amount.

yes...........send a letter telling them that you accept as part payment and will continue through the small claims court for the remainder (left hand not knowing what the right is doing) just continue with the claim and wait for directions from the court office.

2. if i notify the bank after 4 weeks and tell them i am still continuing the procedings,have i won anyway by default and they will have to pay it all out.

might as well send letter sooner.............you'll proberbly receive their defence before then or a settlement letter hopefully

3.if i continue at court and lose will i have to return the cheque and pay their solicitor costs etc.

very unlikley you will lose just stick to the tried and tested method of these sites and you'll do ok.

4. will i have to go to northampton court for the procedings.

very unlikley it will end up in court
where did the letter come from?
if you filed your claim via MCOL your claim will be transfered to your local court and that's where you'll send future paperwork (unless you actually live in northampton)

5.can i also claim compensation at court for stress because i am ill in health because of the way the bank has treat me and also how these charges have effected my life style.

don't think so................sorry......you can apply for wasted court costs though if it gets to the stage where you have to do your bundle and submit

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html


6 do i have 28 days from the acknowledgement date 27/6/2007 or is it the issue date 20/7/2007 in which i can judgement by default.
you mean 20/6/2007?
14days to acknowledge from when deemed served (issued).........a further 14days to enter a defence...........3rd August
7 what is a court bundle and where can i get one from.
please help because im quite anxious!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

have you not had a notice of transfer from northampton to your local court yet?(just wandered cause you've received a letter of acknowledgement)


good luck