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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Hi I had a business that failed and owed some customers deposits.

Resolved Question:

Hi
I had a business that failed and owed some customers deposits. My house was sold to raise funds and I have paid back 75% of the deposits.
I had five customers that I wrote letters detailing what I could afford to pay. They have all signed and sent back the letters and provided bank details to say they accept my offer. One of them has now put a claim in the small claims court for the other 25%. Surely they cannot because they have signed to accept my offer?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Did the letter say that the offer was in full and final settlement and no further claim could be made on the remaining 25%?
JACUSTOMER-svk7rxuy- : Hi Alex
Alex Hughes : Hello.Did the letter say that the offer was in full and final settlement and no further claim could be made on the remaining 25%?
JACUSTOMER-svk7rxuy- : No it didn't mention the other 25%, but surely settlement means final.
Alex Hughes : No, that's not correct. Settlement needs to be expressly stated as full and final to avoid litigation for the balance. Unless the arrangement was a full and final settlement, the creditor can seek to recover the balance.
Alex Hughes : I'm sorry if that's bad news for you but any agreement should state that if 75% is accepted as settlement for the debt then no further claim can be made for the remainder. In the absence of some wording and agreement along these lines you will have difficulty defending a claim for the balance.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
I have sent you a offer of additional services to review all your documents to see if you have a defence to the claim.
Customer: replied 2 years ago.
What documents do you need?
Expert:  Alice H replied 2 years ago.
Anything and everything including the claim form, correspondence and defence you have submitted. If you accept my offer of additional services I can give you my email so that you can scan and email the documents. I will review them and reply within 24 hours with a more detailed opinion.
Customer: replied 2 years ago.
That would be great send your email and I will scan and send docs.
Expert:  Alice H replied 2 years ago.
Sure but you need to accept the offer of additional services which will pop up at your end. You may need to check your email.

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