Legal Question in Civil Litigation in United Kingdom
Unacceptable full and final settlement
A client owes me �3744.44 and has sent me a cheque for �2800.00 in full and final settlement together with an invoice from another builder who he claimed finished off various works. Upon reading this invoice the works where nothing to do with my estimate. Am I able to bank the cheque for �2800.00 and then send a letter to the client stating I do not accept the payment as full and final payement and then take the client to court for the balance?
1 Answer from Attorneys
Re: Unacceptable full and final settlement
As you put it yourself, you are owed �3744 by this client. You have not entered into any agreement with him to accept a lesser sum. He has tendered �2800 which you should accept as part payment. He has also told you that this payment is in full and final settlement. You do not agree with this as of course it is almost 1000 pounds less than that owed. As he clearly has no intention of paying this balance I would advise that you issue court proceedings for the balance without delay. The claim will be for the full amount of your invoice less the money received. Let us know if you need any further help.
Andrew Dutton
www.legal-zone.co.uk
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