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Customer not paying the full invoice

9 replies

fuzzyfozzy · 29/06/2018 22:34

We fitted a kitchen for a customer, finished and they have sent a cheque and a letter. The cheque is over a £1000 less than the invoice and the letter explains why.
Late starting (it was but due to suppliers, happy to knock some off for the inconvenience)
Deduction for him having to take his kitchen out (it was agreed he would and there's no fee on the invoice for it.)
Accused us of putting his family at risk by having a uncapped gas pipe (but they took the kitchen out before we got there and we didn't touch it.)

His letter says if we cash the cheque we accept all this and the matter is finished.

Our plan, I've cashed the cheque and will wait for it to clear, then send a recorded letter disputing the claims. Give him 7 days to send the money then look into the small claims court.

Any advice would be welcome.

OP posts:
Collaborate · 29/06/2018 22:48

From recollection you have to tell them it's not accepted in full and final BEFORE you cash the cheque.

Stinkbomb · 29/06/2018 22:50

Yes, agree with above poster - dispute formally before paying the cheque in.

Rocinante1 · 29/06/2018 22:53

If you cash it, then you’ve already agreed so a dispute, even in court, would likely not end in your favour.

You take copies of the check and letter, then return saying it is not accepted and demand full payment (with a little off for delay) then take it further if necessary.

fuzzyfozzy · 29/06/2018 22:54

Ah dammit, apparently we've cashed the cheque

OP posts:
cdtaylornats · 30/06/2018 06:42

It appears that is not necessarily final. Threatening the small claims court might prompt him to pay up. Check social media if he has repeated the claim of endangerment on social media or a review site he may have libeled you and part of a settlement might be forcing him to remove the statement.

www.irwinmitchell.com/about-us/newsletters/im-on-the-money/im-on-the-money-issue-ten/cheques-in-full-and-final-settlement

www.barrellison.co.uk/legal-news-and-views/full-and-final-settlement

Collaborate · 30/06/2018 06:51

That’s helpful. Fuzzy must now (immediately) write (email and post) to the customer saying it has been accepted as part payment.

fuzzyfozzy · 30/06/2018 09:07

Thanks for that link, I'll send a letter this weekend.

OP posts:
fuzzyfozzy · 30/06/2018 09:08

I was holding off as I didn't want him to cancel the cheque.

OP posts:
Collaborate · 30/06/2018 10:40

I was holding off as I didn't want him to cancel the cheque.
You can't do that.

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