Full and Final Settlement - now debtor claiming again

[ScoobyDoesnt]

Situation was that we (limited company) gave notice to leave the building we were in due to various landlord issues - with around 12 months still on the 2 year lease.

Eventually agreed with landlord an amount to pay to exit, and rectify minor building issues. Repeatedly asked for a VAT invoice to pay the amount agreed, as we wanted to ensure we could account for the VAT correctly. Never forthcoming, depsite we had every intention to pay but wanted it all in black and white.

Landlord then instructed a debt collector due to non payment. This resulted in a F&F settlement being agreed (the amount orginally due!) which was paid imediately to the debt collector and we have acknowledgement of the amount being received and confirmation this is in full and final settlement, from the debt collector.

Today, more than a year later, and no further communication from the landlord (good!) since, another debt collector letter (different firm) has arrived claiming once again the rent due, acknowledging there was a 'payment on account' last year.

Surely a F&F settlement is just that?! Assume the landlord has not been honest with the new debt collectors, which isn't there fault.

I'm sending the F&F evidence, but surely this is not possible for them to think they have a claim again?

*their fault

Yes, a full and final settlement is indeed just that.

Thank you - I know it sounds really obvious, but I can't believe the gall of them to try again!

In a twist today, my sister, who kindly guaranteed my rent, has also had a further demand.

I paid the amount last year as F&F and have this acknowledgement, she was also claimed against last year. But F&F really is that isn’t it - they confirmed F&F and there can be no further claims against any party?

The landlord is really on a personal vendetta now, last year we had to get police involved such was his harassment. He has been told by the police not to come within 100 metres of the new business premises or mine or my sisters house, or we can call them again, in fairness he hasn’t since this was settled last year.

Yes, full and final means what it says on the tin. If you have it in writing that the payment was in full and final settlement, the landlord cannot pursue you or anyone else for further payment.

Thank you so much - I do understand it sounds totally obvious but I can’t believe the gall of the bloke.

We do have it in writing that it was in F&F settlement

https://www.businessdebtline.org/ should be able to help. They're free.

Thank you, but we don't have any business debt.

The rent wasn't paid and we left the building due to several breaches of the lease on the landlords part, inlcuding theft, him entering the building every day when we weren't there to snoop around (we had security cameras and could see what he was doing) which was outside the terms of the lease was that he could enter in an emergency or do an inspection on request, and intercepting customers pretending to be in charge and quoting them for business (our services!) - this was just some examples!

I know you don't have any debt but the landlord thinks you owe him money. Business debtline are a bit like CAB for businesses. They can write to the new debt collection agency on your behalf and instruct them to fuck off.

Thank you, apologies for not understanding previously. I will look properly at that website today.