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vinyamar777

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About vinyamar777

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  1. Well, it’s over, for better or worse, & today I lost. In summary, the s/c judge decided (I hope I have it right) that the original quote was verbally accompanied by indication that the job might be larger, that the accident happened even though the claimant acted reasonably, and that even though my letter & C/Q were clearly marked F&F consequent work was agreed – though I had assumed there would & could not be any extra. He made a point that consideration was not relevant in this case. We are allowed 14 days to pay the outstanding. I feel miffed that a quote does not cover extra remedial work the consumer may expect & the builder may claim, and that F&F can be accepted in £££ but not preclude legal action. It was an interesting experience. At first I thought the defendant was being lined up against the wall, so to speak, did badly when it was my turn – and both failure to itemise a paragraph of snagging problems along with failure to produce photographs, procedures I though either couldn’t be done – work I had put right before any thought of court action, and a light switch which in the final weeks I suspected was the original switch, and so faulty, when in fact it was determined that it was the new switch that simply broke down the same way as the original. And I spoke rather fumbly to boot – maybe if I handled it by discussion forum! In ended in me being the one shot! This is said for the interest of those who helped out: my case was better but insufficient but thanks for input.
  2. Having had another letter, let me recap a bit. I offered “final & full” payment which was accepted yet the builders seek s/c court action for their revised invoice which I have never accepted. They cite the Pinnel case (1602), reinforced by Foakes v Beer (1884), and recently “Re C (a Debtor) (1996)”. Is this simply saying that a principle exists of accepting an offered F&F payment yet pursuing more? I have been told about promissory estoppel legally preventing anyone from accepting part payment in settlement of a debt and pursuing for the remainder (see Central Property London Trust vs High Trees House Ltd (1947)). In short they caused damage, unavoidable they claimed. To be helpful I verbally agreed to half payment on the parts; they have claimed for labour. I sent a C/Q marked on the front “Full & Final Payment” – I have a Bank Photocopy – and likewise stated this in my accompanying letter. They cashed the C/Q, then continued to claim more. Putting the two together, are they simply saying that in some situations they might be entitled to pursue more, while I have justification to argue that in this case Pinnel et al does not preclude promissory estoppel? PS, how does one begin a new thread?
  3. Well, I feel more confident for this particular case – thanks all for comments made. I got a copy from the bank some time back, just in case this firm might otherwise deny that I had written it on – indeed I had written it on the front. And it was about 54% of the amount claimed – quote (£400), offered (£540), claimed (£1000) which I hope will pass, if required, the test of reasonableness. On a human front, whereas my testosterone inclines me to battle for principle, my wife’s an unhappy bunny whenever the post rakes this up. A hearing is due mid‑Jan., and win or lose she’ll be glad to see the end of it – and so say all of us.
  4. Claire78 Thanks, that’s encouraging. I have been looking at some other threads on this F&F idea, including talk of peppercorns – had I known, a peppercorn to strengthen my case would not have been sneezed at! There is talk about “consideration” (you also have used it) going with the F&F offer. My letter said that as an alternative to the enclosed C/Q as F&F payment, I would be prepared to consider arbitration. Would this offer mean that I had offered ‘consideration’ and that therefore by accepting the C/Q the matter should clearly in law be settled in my favour?
  5. A builder came to retile. Perhaps unavoidably (or carelessness or intent) tiles came down en mass puncturing the bath. He verbally only asked for 1/2 towards purchasing a new bog standard suite - the bath colour is no longer easily available. He did the job, then claimed for extra labour. I wrote offering an amount "in full & final payment", and the enclosed C/Q also had this clearly written on the front. He cashed it, and is taking me to court for the difference. I thought that the law was clear about "full & final payment" ending all further claim, and if it does, where can I find this law?
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