Can any legal experts offer me any advice re EA contract....?

moneybunny123

RabbitMad wrote: »

you can cancel the cheque provided you have something from them in writing (or email) rejecting your offer and saying its only part payment.

Do this and then write saying they have rejected your offer and you don't owe a penny so will not pay as angry pirate says.

Yes, I do have it in writing that they said it's only accepted as part payment despite MY accomanying letter that said by cashing you accept it's in full and final settlement.

moneybunny123

QUOTE=angrypirate;46953279]Who cares about the high ground? As it sounds like you are legally in the clear, Id tell them to shove it.[/QUOTE]

:rotfl:

sonastin

angrypirate wrote: »

Who cares about the high ground?

Courts do actually. In contract law, there are a lot of grey areas. Courts try to identify firstly what the parties intended when they entered into the contract and secondly what is fair and reasonable in the circumstances, given the intentions of the parties. Moneybunny123 has been entirely reasonable so far. To start cancelling cheques and reneging on settlement offers undermines that position. That would count against her if it ended up in court, and probably in the ombudsmen's eyes as well.

moneybunny123

Will it end up in court though Sonastin? Why haven't they summoned me there already?

RabbitMad

Yes but the the OP only offered the settlement to stop the bullying tactics from the EA.
As they have considered and stated they don't accept her offer and are going to cash the cheque anyway - cancelling the cheque is her only option and entirely reasonable.

I'd cancel in the OP's position (but I wouldn't have sent the cheque in the 1st place.) and would ignore all but court corespondance from the EA.

GDB2222

Here's a link to the case law on sending cheques with an accompanying 'full and final settlement' letter. http://www.addleshawgoddard.com/view.asp?content_id=2294&parent_id=1508

It seems there's a good chance that the EAs can keep your cheque and still pursue you for the other half. Why, of why, did you send them a cheque without agreeing a settlement in advance?

You have less than 2 hours left to get legal advice before the time to cancel the cheque expires, if that's what you want to do.

moneybunny123

Can they summons me to court if I've logged a complaint with the Ombudsmen? Incidentally, it's hard to ignore their correspondence when it riles me so much.

sonastin

moneybunny123 wrote: »

Will it end up in court though Sonastin? Why haven't they summoned me there already?

You apparently thought there was a risk it would or you wouldn't have sent the cheque. I don't think you should have done that but having done so, it is my opinion that you should stand by it. It is less likely to go to court now that they have your money. Stopping the cheque could make it more likely now than it was before you teased them with payment.

As I have said all along, you are the one who has to live with this decision. If I were in your shoes, I'd let the cheque go through and walk away from it - leaving it in the hands of solicitors if they continue to pursue the other half. If you are truly letting it affect your health, pay them the other half and be done with it. But I honestly believe that stopping the cheque will be like a red rag to a bull. By all means fight them over every last penny but you know what it is doing to you personally. You have to decide whether you have the strength to deal with the consequences of stopping the cheque.

moneybunny123

GDB2222 wrote: »

Here's a link to the case law on sending cheques with an accompanying 'full and final settlement' letter. http://www.addleshawgoddard.com/view.asp?content_id=2294&parent_id=1508

It seems there's a good chance that the EAs can keep your cheque and still pursue you for the other half. Why, of why, did you send them a cheque without agreeing a settlement in advance?

You have less than 2 hours left to get legal advice before the time to cancel the cheque expires, if that's what you want to do.

They sent me an invoice with the 50% fee saying it was the new, final reduced fee (or words to that effect - hubby has it at work with him atm). It was only withdrawn VERBALLY by tha idiot iin our meeting. Even in his subsequent letter summarising our meeting he admits that the other partner had made the unconditional offer for me to settle and that he'd let that partner have the final say.

billybraggtastic

Hi moneybunny123

I agree with earlier posters that I would not have sent a cheque without a firm agreement in place however it is done now and you need to re-assess your position.

As I see it, you took the decision to pay the 50% invoice to rid yourself of the hassle. Ask yourself has your opinion of this changed? It may not have resolved the situation but you have deliberated and carried out your action. To cancel the cheque now will IMO only resolve the EA to continue to harass you for the full fee and may show you as being unreasonable if taken before a judge.

I would let the payment go and write to the EA again stipulating that the payment was made in accordance with the agreement you had with the other partner & the invoice that they had submitted and that this is your final word/correspondence on the matter. Any further claim will be referred to the ombudsmen and legal steps will be defended.

good luck
bbt