Bluie

Hope someone on SN can help:

Ordered new kitchen April 2004, about £4200, paid £1400 deposit, delivered mid June paid another £2k, withheld some, work tops still to come.

We used carpenters, who were briliiant, instead of firms fitters. Although the supplier had measured and designed the kitchen there were problems which were over come by carpenters, electrician, plumber and others. The supplier helped by providing extra bits which were needed.

Anyway we explained all this in our letter stating that although £800 was owing due to the problems and associated costs we had enclosed a cheque for £250 which was to be accepted in full and final settlement. This cheque was banked 2 days latter, but they still want the balance less a good will gesture of £150.

Sorry for the long post my query is since they cashed the cheque have they agreed to the terms I offered

Many thanks in advance

Nick

OllyK

At a guess - no. As far as they will be concerned, you owe them, they have conceeded £150, they want the rest. Unless you have something in writing I expect they could still come after the £150 if they really wanted to.

Nick

You will need a witness for the agreed difference between the 2 figures. However the amoutn disputed is only £400 including VAT. Therefore their loss is £340.43 less tax on profits - say 25% = £255.32. Unless they're crazy, they are not going to court for £255! You could represent yourself in court, with separate advice from a solicitor. Get written statements from experts about the quality of their work. Court would cost them £2k!

I suggest you visit a solicitor for an hour to get advice than ask the solicitor to write to them & suggest that both parties walk away to avoid legal costs. You could also think about building up your claim against them.

Bluie

Thanks for the advice, having spoken with Trading Standards are now able to counter claim against them, which will result in either them backing down or going via small claims court. TS have said they are in breach of Contract on two accounts so we should have a good case.

Once again thanks for the advice

Cheers

Nick

Diablo

Nick,

The fact that you made payment "in full and final settlement" which was (it appears) not disputed will stand you in good stead.

ProperCharlie

as Diablo says, I was under the impression that if they did not agree the reduced payment, they should have sent your cheque back and demanded the full sum.

fast bloke

Yep - I had this with a scaffolding comany a couple of years ago. They banked the cheque, then came after me for the difference (although it was clearly their fault, as I told them the scaffolding was ready to be collected and went off on holiday, came home and it was still there - they tried to charge me for the extra weeks.) They threaten me with small claims. I threatened them with trading standards, they called back and told me to forget about it

Bluie

I was under the impression that by putting in full and final settlement that by them banking the cheque it was the end of the story, however having spoken with Trading Standards they have confirmed this is not the case. Most companies would just accept the reduced payment if they felt they were at fault.

Others would persue the small claims court and hope you pay as in my situation, however the TS have confirmed they are in breach of contract and I can counter claim using my normal hourly rate.