My feed
Premium

Please
or
to access all these features

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

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

5 replies

RandomMess · 10/08/2011 17:23

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.

OP posts:
Report
RandomMess · 10/08/2011 21:05

.

OP posts:
Report
Collaborate · 11/08/2011 00:42

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.

Report
RandomMess · 11/08/2011 18:07

thank you will do that.

OP posts:
Report
babybarrister · 12/08/2011 13:51

This reply has been deleted

Message withdrawn at poster's request.

RandomMess · 12/08/2011 20:36

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

OP posts:
Report
Please create an account

To comment on this thread you need to create a Mumsnet account.