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Sep, 2014

Thursday

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  1. #1
    Join Date
    Sep 2005
    Posts
    4,149

    Default wording - full and final settlement

    Dear all - I would be grateful for some help. I have been greatly overcharged for professional services. I am intending to make an offer to settle the outstanding invoices and we can then go our separate ways. I would like to be sure that my full and final settlement offer is indeed that - that the professional cannot bank the cheque and then come back for more. Please could you comment on this wording
    A cheque for £___ is enclosed in full and final settlement of all matters between us. If you do not agree do not bank the cheque but return it to us. If the cheque is presented to your bank you are implicitly and absolutely agreeing that all matters are settled and that you have no further claim upon us whatsoever.
    Many thanks

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by islandgirl View Post
    Dear all - I would be grateful for some help. I have been greatly overcharged for professional services. I am intending to make an offer to settle the outstanding invoices and we can then go our separate ways. I would like to be sure that my full and final settlement offer is indeed that - that the professional cannot bank the cheque and then come back for more. Please could you comment on this wording
    A cheque for £___ is enclosed in full and final settlement of all matters between us. If you do not agree do not bank the cheque but return it to us. If the cheque is presented to your bank you are implicitly and absolutely agreeing that all matters are settled and that you have no further claim upon us whatsoever.
    Many thanks
    I'd leave out sentences 2 and 3. They're true but why say so?
    Just say, "A cheque for £___ is enclosed in full and final settlement of all matters between us."
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3
    Join Date
    Sep 2005
    Posts
    4,149

    Default

    so is that enough to ensure he doesn't come back to bite me Jeffrey? I know that he is the kind of person who would cash the cheque then take me to court for the remainder and I can't be bothered with the battle (I have lots of evidence but this person has wasted enough of my time) - thanks

  4. #4
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Nobody bites Northern teachers and lives to tell the tale!

  5. #5
    Join Date
    Sep 2005
    Posts
    4,149

    Default

    Rottweilers? fluffy chickens compared to us!

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by islandgirl View Post
    so is that enough to ensure he doesn't come back to bite me Jeffrey? I know that he is the kind of person who would cash the cheque then take me to court for the remainder and I can't be bothered with the battle (I have lots of evidence but this person has wasted enough of my time) - thanks
    The problem is in adding more wording than the minimum- it's a hostage to fortune. Keep it short.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  7. #7
    Join Date
    Sep 2009
    Location
    Greater London
    Posts
    1,508

    Default full and final settlement negotiation

    I would advise you to not to send a cheque with the covering letter you propose, but rather to write and offer x on the basis that if agreed as a full and final settlement will be paid to the debtor's account within 7 days; and to that end ask for destination bank details and account number. Notwithstanding the tendering of sums on a full and final basis there is a significant risk of the creditor accepting the sum as payment on account and there might well be circumstances whereby you are held to owe the balance.

    If due to the threat of proceedings you are nevertheless anxious to send a cheque with the letter purporting to tender on a full and final basis staple your letter to the cheque, and photocopy same so that it cannot be said variously that the letter was not enclosed/ not noticed in the envelope/not received/sent to a different department; etc.

    Much better to have an exchange of letters or emails setting out agreement as to the amount for a full and final settlement before parting with any wonga.

  8. #8
    Join Date
    Sep 2005
    Posts
    4,149

    Default

    Thanks quarterday - a lot to think about there and some good ideas.
    Jeffrey, as always, thank you

  9. #9

    Default

    Why dont you run it past a Solicitor, offer to pay the Solicitor £150 for dealing with it. You pay your money onto your Solicitors Account, Your Solicitor writes to the person you owe money to, quoting "Full and Final Settlement" and stipulating that should that not be the case they are to return the cheque "forthwith" and would take further instruction. That way it would make them think twice about messing you about as your Solicitor would have prior knowledge of the circumstances.

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