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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47863
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I paid an estate agent a cheque their bill and enclosed

Resolved Question:

I paid an estate agent a cheque for half their bill and enclosed a letter explaining that it was because their poor service had caused me considerable expense. The agent cashed my cheque and two weeks later wrote to say they had excepted it only in part payment and wanted the rest. I wrote back to say that once they had cashed the cheque,as there was no mention of incremental payments in our agreement they would be deemed by law to have excepted 'payment in full'. Am I correct in this statement?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When was the cheque cashed exactly?
Customer: replied 1 year ago.
It was cashed on 25th November 2015
Expert:  Ben Jones replied 1 year ago.
The relevant case on law on this subject is Cantor Index Limited v ***** *****, which decided that when a party accepts payment in full and final settlement of an ongoing dispute, this puts an end to the other party’s liabilities. In effect, you would have made an offer for settlement by sending the cheque and by accepting and cashing it, they have in turn accepted that offer, creating a legally binding agreement to settle the dispute at that amount. If the other party did not want to be bound by this offer they should have either rejected the payment, or accepted it but contacted you immediately to tell you that they are only accepting it as part payment towards the full debt and will still pursue you for the remainder. Waiting two weeks to do this will almost certainly weaken their argument in this respect as it would likely be seen as an unreasonable delay. So yes, you are potentially correct in your statement, however it is important to note that this would only be the case if you had made it clear that you were sending this payment in full and final settlement. You do not need to have used these exact words but some indication is needed that it is all you were willing to pay them in total. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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