What legal status does my ultimatum have?

After Citibank has repeatedly failed to fulfil their legal obligations under the DPA and respond properly to SARNs, we sent a letter with a one week ultimatum to them: either respond to the SARN or else write confirming you will not at any point in the future approach us for money. We added a clause saying that if no answer was received by 15th October, we would take that as a tacit agreement to the second option, and consider the matter closed. No answer arrived. It's now the 17th. What do you reckon? What would a court think? ps- as a matter of course we've also requested an assessment of the case from the information commissioner.

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