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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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in early 2013 i had work carried out in my house. The work

Customer Question

in early 2013 i had work carried out in my house. The work was deficient in comparison to the estimate and, before completion, i wrote to the contractor detailing the deficiencies. I also quantified them. Upon receiving the invoice I settled it, less the deficiencies. I wrote on the cheque in full and final settlement and sent a letter with the cheque detailing that payment was in full and final settlement. This was in April 2013. I received a receipt for the payment (£4,500 net). In November 2013 I received an email stating that the payment was less than the invoice. I replied stating the facts and assuming accord and satisfaction. In January 2014 I received a letter from a debt agency. I repeated the facts to them and they now threaten court proceedings. Can I rely on the settlement and what is my best course of action?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes, if you have sent the payment with a letter saying full and final settlement that is the end of the matter.

Alex Watts :

The contractor can not now go back on this - because it is a settlement of a contract

Alex Watts :

That settlement is binding

Alex Watts :

Therefore full and final settlement means no going back

Alex Watts :

You should write to the debt collection company with a copy of the letter and set out it was settled.

Alex Watts :

Can I clarify anything for you about this today please?