Quick MCOL question
Author
Discussion

Tyre Smoke

Original Poster:

23,018 posts

290 months

Thursday 11th March 2021
quotequote all
I submitted a MCOL on 3rd of March, the summons was issued on 4th March and today I received payment in full. Happy days.

I have logged on to MCOL and have updated the status of the claim to settled in full. Am I under any obligation to do anything else? The defendant has enclosed a letter with his Building Society cheque requesting confirmation of full and final settlement by return post. I'm not feeling all that disposed to continue contact now I have my money and everything is settled.

Sit back and bank the cheque and that's an end to it?

Hobo

6,620 posts

275 months

Thursday 11th March 2021
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No obligation, as the case will be closed and a judgment will not be entered against the other party.

Its generally just polite to confirm receipt and that the matter is now concluded.

Hobo

6,620 posts

275 months

Thursday 11th March 2021
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But if they were c@cks, then I wouldn't reply either smile

BertBert

21,254 posts

240 months

Thursday 11th March 2021
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Well unless it was part of the agreed settlement, I wouldn't confirm full and final.

Tyre Smoke

Original Poster:

23,018 posts

290 months

Thursday 11th March 2021
quotequote all
No, there was no agreement to confirm receipt. In fact he was being a bit of a knob saying he had paid all he was going to pay, and any further requests would be treated as harrassment. So I wrote asking for the outstanding amount (which he originally agreed he owed) within 14 days, and received no response. So I issued a MCOL and he has paid what he owed plus my costs.

I think I'll just ignore him.

Pegscratch

1,872 posts

137 months

Thursday 11th March 2021
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Tyre Smoke said:
In fact he was being a bit of a knob saying he had paid all he was going to pay, and any further requests would be treated as harrassment.
I've just had that wibble in response to a letter before action. Wonder how quickly their tune will be changing.

kestral

2,229 posts

236 months

Thursday 11th March 2021
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Tyre Smoke said:
I submitted a MCOL on 3rd of March, the summons was issued on 4th March and today I received payment in full. Happy days.

I have logged on to MCOL and have updated the status of the claim to settled in full. Am I under any obligation to do anything else? The defendant has enclosed a letter with his Building Society cheque requesting confirmation of full and final settlement by return post. I'm not feeling all that disposed to continue contact now I have my money and everything is settled.

Sit back and bank the cheque and that's an end to it?
You have taken a risk considering the debt settled before the building society cheque cleared.

Pegscratch

1,872 posts

137 months

Thursday 11th March 2021
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kestral said:
You have taken a risk considering the debt settled before the building society cheque cleared.
This is also true.

chopper602

2,333 posts

252 months

Thursday 11th March 2021
quotequote all
kestral said:
You have taken a risk considering the debt settled before the building society cheque cleared.
Don't think there is such a thing as a building society cheque clearance - they can't bounce

paintman

7,860 posts

219 months

Thursday 11th March 2021
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Assuming it's genuine.....

Tyre Smoke

Original Poster:

23,018 posts

290 months

Thursday 11th March 2021
quotequote all
It's a Halifax bankers draft. This bloke is stubborn with a huge ego, but he's not stupid. Well, not that stupid. I've no reason to believe it's hooky.

KungFuPanda

4,639 posts

199 months

Friday 12th March 2021
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I once issued small claim against a travel agent. We got judgment in default and they sent a cheque in settlement of the full claim. However, they post-dated said cheque which took them past the 30 day period after the date of judgment.

This had a detrimental effect on their credit record as rather than the CCJ disappearing from their credit record, it stayed on there for 6 years as a satisfied judgment.