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Please help, does banking partial refund chq mean I can't pursue for the rest???

(6 Posts)
RandomMess Wed 10-Aug-11 17:23:51

Was due to a conservatory built, they organised planning permissin and then the surveyor said that we would no longer have access to the waste water outlet via a hatch in floor which is stipulated on the contract and would only be able to access it from next door's property!!!! Unsurprisingly we cancelled because they could not supply us with what they said they would.

In our contract it said that if we did not gain planning permission would we forgoe their costs of £287.

After weeks of phoning they have refunded us the deposit minus £630 for planning permission costs!!!

I will obviously be pursuing for the full £630 via small claims court as they cannot fulfill the contract and never could.

My question is if I bank the partial refund cheque will this be considered as accepting that in full and final settlement?

Also what do you think our chances are of recovering the £630?

Am out for a while now but would really appreciate some advice. Thanks in advance.

RandomMess Wed 10-Aug-11 21:05:56

.

Collaborate Thu 11-Aug-11 00:42:59

Think you need to write to them giving say 7 days notice that you'll cash the cheque in satisfaction of part of the debt only.

RandomMess Thu 11-Aug-11 18:07:21

thank you will do that.

babybarrister Fri 12-Aug-11 13:51:00

depends what was said on the covering letter tbh - did it say it was in full and final satisfaction of all claims against them? if not clear, do as collaborate says

RandomMess Fri 12-Aug-11 20:36:34

No it didn't say anything just listed deductions, £180 for council fees and £450 for architects or similar!

Will write to them asap, thanks very much

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