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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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When payment of an account is made FULL and FINAL under

Resolved Question:

When payment of an account is made FULL and FINAL under terms and conditions stated therein . Then much later another payment is made / requested for the same account BUT this payment is NOW only to close that "file" . BUT not full and final as the stated previously Which is right and binding ?????
NGH
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.

OK .

I have two case`s of account settlement/s that needed settling ONE in which I made a payment of account due , in which the monies I paid out to settle once and for all by adding that this payment was full and final payment of account rendered . Then some 2/3 months later it was found they had another further amount was over looked by them and they need to close the books for the with this payment .

The other case is after a 2 yr claim I made and was offered not the amount I had been advised by which money as the correct amount to claim for . Was still offered the same amount as before as full and final as my claim would be not increase in anyway . So I HAD to except under these terms .( A case of take it or leave it )

Now some many months latter a small increase has been sent to me under the same account as before , but this time the terms are to enable this case file has been closed . ( On excepting ) Yet again a case of take or leave it .

So what is binding of the two , full and final OR further adjustments later on of the same account to enable the case to be closed ????

NGH

Customer: replied 1 year ago.

OK .

I have two case`s of account settlement/s that needed settling ONE in which I made a payment of account due , in which the monies I paid out to settle once and for all by adding that this payment was full and final payment of account rendered . Then some 2/3 months later it was found they had another further amount was over looked by them and they need to close the books for the with this payment .

The other case is after a 2 yr claim I made and was offered not the amount I had been advised by which money as the correct amount to claim for . Was still offered the same amount as before as full and final as my claim would be not increase in anyway . So I HAD to except under these terms .( A case of take it or leave it )

Now some many months latter a small increase has been sent to me under the same account as before , but this time the terms are to enable this case file has been closed . ( On excepting ) Yet again a case of take or leave it .

So what is binding of the two , full and final OR further adjustments later on of the same account to enable the case to be closed ????

NGH

Customer: replied 1 year ago.

OK .

I have two case`s of account settlement/s that needed settling ONE in which I made a payment of account due , in which the monies I paid out to settle once and for all by adding that this payment was full and final payment of account rendered . Then some 2/3 months later it was found they had another further amount was over looked by them and they need to close the books for the with this payment .

The other case is after a 2 yr claim I made and was offered not the amount I had been advised by which money as the correct amount to claim for . Was still offered the same amount as before as full and final as my claim would be not increase in anyway . So I HAD to except under these terms .( A case of take it or leave it )

Now some many months latter a small increase has been sent to me under the same account as before , but this time the terms are to enable this case file has been closed . ( On excepting ) Yet again a case of take or leave it .

So what is binding of the two , full and final OR further adjustments later on of the same account to enable the case to be closed ????

NGH

Expert:  Ash replied 1 year ago.
Why did you make a further payment if it was in full and final settlement?
Customer: replied 1 year ago.

I did NOT they sent me the increase in order to close their file on the account . Which they had stated the payment was then to be to was full and final of the account Once I had been paid the months BEFORE

.

The first case was that I insisted that once I had paid this account was full and final , then they find I should have paid more monies to them because they had overlooked an amount in the accounts department . Which was AFTER I paid them on my "terms" of full and final .

NGH

Expert:  Ash replied 1 year ago.
Have you paid this second amount?
Customer: replied 1 year ago.

Yes on the payment which I insisted was full and final .

NOT the "new" requested amount of the same account some months later .

BECAUSE the last payment i made of that account was full and final once they cashed the payment from the Bank .

NGH

Expert:  Ash replied 1 year ago.
Ok. What do you need to know about this second payment?
Customer: replied 1 year ago.

It "think" in a "nutshell" that .

In BOTH case that when is FULL and Final not "just" that ???

BECAUSE in BOTH case`s this was the stated as fact of the matter . NOT that after a short time LATER payments were either asked for OR given to enable closer the account "file/s" .

Question is:- .

When is FULL and FINAL payment of an account NOT just that ,

BUT instead to allow bolts "on`s" to close a file account much later on AFTER that payment was excepted ..

Expert:  Ash replied 1 year ago.
If it's full and final settlement that's it, you can't go back.if you did make a further payment then you didn't need to and probably can't claim it back.There can not be bolt ons after you accept a full and final settlement.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.

Kindly for the record clarify

That in any stated demands or request to close an account / file AFTER it was confirmed that payment/s had already been excepted / paid under the terms FULL and FINAL of that account . There is NO come back what so for ever and a day . So a request to close a account / file AFTER payment was made is wrong to do .

NGH @cm98nz

Expert:  Ash replied 1 year ago.
Correct.Does that clarify?Alex
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.

PHEW what a result .

Maybe I can come back , now I have this to present to RBS , PPI claim "unit" and ALSO to my Consultant for Planning who wanted more monies from me because his accounts department made the mistake and sent a demand for payment further AFTER I had made payment to them as a FULL and Final settlement of account .

My GRATEFUL thanks .

Nick .

( as ever )