So did the contract that you signed include the phrase or not? What has the email got to do with it?
If you had the original contract why did you ask for another?
In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments. They may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.
So consider deciding how much you would like
to pay the (you need to make it attractive enough) and send it with a covering
letter headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
Tell them in the letter that you are offering
this money in full and final settlement of all claims against you, past,
present and future, and that by cashing it they accept it as such. Tell them
that if they do not accept it, they should return the cheque to you and if they
issue legal proceedings, you will defend them on the basis of A, B, C,
Tell them that if they do not understand the
significance of the letter. They should take independent legal advice.
I can tell you this approach works nine times
out of 10, provided the offer is reasonable and not derisory.
For legal reasons which I will not bore
you with but which go back several hundred years, the cheque must not come from
you, but was come from a third party, friend, relative, solicitor, our accountant,
neighbour, girlfriend, wife, husband, whoever, just not from you.
Sorry to nag, but please don't forget to positively rate my answer service.
I will follow up any further points you raise for free. If you don't rate it
positively, then the site keep your deposit and I get 0 for my time.
It is imperative that you give my answer a positive rating.
Some users don't bother, or simply forget which means that I spend my time for