Cashing cheque an acceptance of a F&F?

SarahS_2

Good morning!
Whilst this is 'small potatoes' when compared to some of the comments above, I am hoping that someone can clarify the issue of when a creditor banks the cheque offered in full and final payment of an invoice - does this stand in law as acceptence of the payment? I was told many years ago that this was the case but want to make sure. My mother was too ill herself to take her cat to the vet and they charged her £54.78 to travel 2 miles round-trip on top of the £54.45 consultation fee for a five minute visit! She says she was not told about the charge - and cannot recall a figure of £54.78 being mentioned. I offered the equivalent taxi fare and reduced their bill from £109.23 to £64.05. They banked the cheque but are now demanding the remainder of the invoice amount.
Thanks.

silvercar

SarahS wrote: »

Good morning!
Whilst this is 'small potatoes' when compared to some of the comments above, I am hoping that someone can clarify the issue of when a creditor banks the cheque offered in full and final payment of an invoice - does this stand in law as acceptence of the payment? I was told many years ago that this was the case but want to make sure. My mother was too ill herself to take her cat to the vet and they charged her £54.78 to travel 2 miles round-trip on top of the £54.45 consultation fee for a five minute visit! She says she was not told about the charge - and cannot recall a figure of £54.78 being mentioned. I offered the equivalent taxi fare and reduced their bill from £109.23 to £64.05. They banked the cheque but are now demanding the remainder of the invoice amount.
Thanks.

To be honest, them coming to you means they are wasting travelling time that could be used to see the next patient, so I'm not surprised there was a charge. It may be that a call up charge was in the sign up papers when she signed up to that surgery.

BTW you really should start your own thread, and not on the bankruptcy board, as this thread will get distracted.

fermi

Posts moved to their own thread.

Westminster

I wouldn't imagine there is any legal protection for you implying acceptance of your terms.

Did you mark the cheque itself as a F&F on the reverse?

olivia84

hi there,

did the vet say they would accept the reduced payment? if they didn't then i would think they will still believe your mum owes them money. in my own experience of debt collectors - they take payments from me all the time but it doesn't mean that making one payment and them accepting it wipes the rest of the debt. it was merely a part-payment.

but hey - you owe the vets 40-odd quid - what's the worst that can happen? your mum might have to use another vets. i doubt very much they would actively chase her for it.

how about paying the remainder at a fiver a week? i know you think that the charges were a bit unfair (they do seem a bit high - £54 for a consultation! - was there any medication given or x-ray or anything? - but most vets would charge a fee for a house visit) but at the end of the day that's their prices - i would be using another vet anyway!

hope the kitty is ok xx

Westminster

Indeed - you would always want written acceptance that any agreed payment is taken in full & final settlement of the debt before sending any money.

MrsTinks

Depending on the time of day the vet was called out then this could be cheap to be honest... and a Taxi fare is hardly a fair comparison... they have to have a vehicled insured for business use and increased insurance as they carry drugs (some of interest to drug addicts) - they are unable to do any other consults or surgery whilst out of the office and depending on the surgery that can have a serious knock on effect meaning the vet has to work overtime later to catch up not only on consults but also all the resulting paperwork...
I am sure that at some point the call out fee will have been mentioned even if only to say "you are aware there is a call out fee?" - you acknowledge that she was too ill to take the cat, is it possible she simply doesn't recall that being mentioned?
Will the vet pursue the £40? Entirely possible... I know of vets who are now employing DCAs for debts.

olivia84

oh i agree a call out charge is entirely fair (i wouldn't know if £53 would be standard or not) but £54 for a consultation, i think is steep - as in would she have been £54 for a 5 min consultation had she taken the cat to the surgery herself - but then there might have been medication or something included in that.

i think the op should bite the bullet and pay the remainder - but if it's a struggle for them then i'm sure the vet (or a dca if it were to be assigned to one) would accept installments - it's better then nothing.

olivia xx

SarahS_2

Thanks all for your responses. :T

Decided to pay up after posting my query as Mum worried that she won't be able to use vets again and they're the only ones in town!

Did write to ask them to ensure clients are made aware of level of charges and full clarity on future invoicing as the charge was itemised as: 'Journey' not 'Callout'.

Westminster

A good decision - particularly if they are the only vets in town.