Credit Card Section 75

Dreamliner_787

usual stuff bought double glazing company has gone bust, insurance company once they found we had paid by John Lewis card referred us to them. They have agreed to pay for the damaged window £108 but have asked us to make a declaration thats full and final. Windows cost 5k so what happens if another goes wrong?

[Deleted User]

You'd put in a new claim.

Dreamliner_787

but they are saying its full and final and that i have to sign up to that i.e. no more claims under that purchase

Herbalus

Dreamliner_787 wrote: »

but they are saying its full and final and that i have to sign up to that i.e. no more claims under that purchase

Or the term "full and final" means the settlement of a particular claim i.e. so that claim is finished and you can't then get any more money from them for that claim, which is that one window. If another window breaks that would be a new claim, so completely different to the previous claim which was settled.

Ask them for clarification.

Dreamliner_787

thanks Herbalus will do that

thenudeone

Personally, I wouldn't sign it.

Legally, If they have to pay you, they have to pay you, and they can't withhold payment because you won't sign disclaimer. They may squeel a bit, though.

chattychappy

These situations can be tricky when some jobsworth wants you to sign something so you can get what you want. Depending on the form or whatever, my technique is to agree to sign and then modify what I'm signing to suit myself. Sometimes they'll take it anyway. Once I got sued by somebody who then pulled out at the last minute when they realised I'd written something immediately above my signature which anticipated the very situation I was worried about. Their rep was to stupid to care and nobody had noticed until the day of the hearing.

Else agree with the above, don't sign!