part payments

[linzi1uk]

HiI submitted a mcol last year to the alliance leicester for charges of £2800,I recieved a cheque off them for £970 which I accepted as a part payment, they say now I accepted it as a full and final payment, anyway it still went to court, I got a letter from court saying mine had been stayed, and with that letter I recieved about 30 letters, with the details of all other peoples cases with there names and amounts they were reclaiming, obviously these belong to wragge and co, should I send them back to them, Has anyone else accepted a part payment?

[tiglet]

Did you write stating you would only accept as part payment and they could have the cheque back if they refused this?

[linzi1uk]

I wrote back and accepted it as part payment, banked the cheque and a week later got a letter from wragge and co saying it said in the letter from the bank if accepted it was a full and final payment, My fault I didnt read the letter properly

[tiglet]

Ah. IMO, problem because you should have given them the opportunity prior to banking the cheque to say F&F only, in which case you could have sent the cheque back.

 

It looks to me as if you ahve, inadvertently, accepted their F&F.

[Sparklez30]

my company attemped a f&f with a supplier and they banked it but when it went to court the F&F was rejected as it wasnt agreed by boh parties in writing.

 

Of course as it was small claims it doesnt guarentee your success but it does leave room for an argument!

[Sparklez30]

oh should say its not actually my company its a large ltd removal company that i work for ( at least at present as they are about to make me redundant )

[linzi1uk]

HiIm not sure whats been going on with my case but it has been stayed in court,I think there are a few exceptions where you can continue to claim even if they said it was full and final.I did email my bank telling them I was having financial difficulties, and they sent me an income and expenditure form out, So I have filled it in and sent it back so im just waiting for a reply from then,

[tiglet]

When you get it, let us know what is says.

[linzi1uk]

I will as soon as I get a reply, im hoping that it will be this week, as I got the form 2 days after I sent the email,