1st credit - help needed

momo1975

Hi iam new to this so any help wouldbe appreciated. i suddentl out of the ble got a letter from this comany saying i owed them money fro something i bought via Dixons in 2004. it seems for some reaosn my final few DD didnt go through anyways now i get a massive bill. i worked outt aht i actually owed them £46.00 so i sent them a cheque for this amount saying that if they will accept this as full and final settlement then cash the cheque and we call it a day. they have now cashed it and saying sorry you still owe us money.

Can they do this as i said in my letter oonly accept this cheque in full and final settlment if you accept the offer? anyone can help?

Thanks guys!

NickX

If they have cashed the cheque and you definitely said the offer was made as a "Full and Final Settlement", then they cannot ask you for any more. They are probably just trying it on.

momo1975

Nick X thanks - i also posted in this in another section of this website and they siad they can ask for me...i soo confused! :-(

NickX

No as long as your letter definitely said it was an "Full and Final settlement" offer, then if they cashed the cheque they accepted the offer - tell them where to go !!

CLAPTON

Its generally accepted in law that this won't work... I would suggest you consult a lawyer if you are unconvinced.

NickX

CLAPTON wrote: »

Its generally accepted in law that this won't work... I would suggest you consult a lawyer if you are unconvinced.

I don't agree with you Clapton, in UK law if you are sent a cheque which is clearly a "full and final settlement" offer and you cash the cheque you are accepting the offer.

momo1975

Any solicitors online? i would of thought that by accepting the cheque then the agree after all ted it if they didnt want to then they should of sent the cheque back!

CLAPTON

why do you say its the law?
do you know of a specific bit of case law that supports this view?

NickX

I know of cases where exactly this situation applied and the legal opinion was that cashing the cheque was accepting the "full and final settlement".

See below :

http://www.brewerconsulting.co.uk/cases/CJ0337RR.htm

YorkshireBoy

IANAL, but there is other case law* which seems to indicate, in legal parlance, 'consideration' plays an important part.

In your example Nick, the judge said "Cashing the cheque is always strong evidence of acceptance especially if it is not accompanied by immediate rejection of the offer", which seems to indicate (and is also backed up by case law), that if the offer is rejected immediately then the cheque CAN be cashed and subsequent adjudication sought and, as detailed in other case law, won.


* Googled it, but then my laptop crashed, and I don't have time to search again just now...sorry!

NickX

With law the final verdict is often left to the Judge to decide and he or she will have discretion.

Common sense and reasonableness are important factors. As the OP's offer was for what he owed originally without the accrued charges this does seem reasonable. I think this is important that the OP can justify why they made the offer that they did.

YorkshireBoy's point regarding immediate rejection of the offer may also be of relevance. How long was it from cashing the cheque that notification of rejection of the offer was made ? Even if it was immediate it doesn't seem right that they are able to cash the cheque and continue to demand payment.

My own experience is that cashing the cheque indicates acceptance of the offer.