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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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I have threatened to sue a cowboy builder for £4030.20 for

Customer Question

I have threatened to sue a cowboy builder for £4030.20 for restitution of deficient work on my house.
He has sent a cheque for £1000
I was going to send it back and continue with the suit but what I would like to know is if I can bank the cheque and continue.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Has he said that he will pay you the remainder please?
Customer: replied 3 years ago.

No the cheque for £1000 was the final settlement.

Expert:  Remus2004 replied 3 years ago.
Is it marked full and final settlement?
Customer: replied 3 years ago.

Yes it does

Expert:  Remus2004 replied 3 years ago.
How have you calculated £4030.20?

Is that what it cost you to have the work put right?
Customer: replied 3 years ago.

Yes, based on several builders quotations.

Expert:  Remus2004 replied 3 years ago.
Thanks

If the cheque is sent to you in full and final settlement it is risky to put it in the bank as a part payment and sue for the balance although there is case law which says that accepting a reduced payment is not sufficient consideration to forego the balance.

There are certain things that he could have done which would have made it his offer of £1000 watertight but it appears that he has not done that. However as he has clearly sent it in full and final settlement, it would be for the judge to decide whether you are entitled to sue for the balance.

I would be inclined to hang on to the cheque, without cashing it and then to issue legal proceedings for the whole balance and let him come up with the defence that he has already paid £1000

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you


I will hold on to the cheque and reword my reply.

Expert:  Remus2004 replied 3 years ago.
No problem.

All the best.
Customer: replied 3 years ago.

Hello


I have given the builder up to today to come up with the balance.


If not I will file tomorrow.


Thank you for your advice.

Expert:  Remus2004 replied 3 years ago.
You are welcome.

All the best.

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