Bought house with no doors- going court now

PasturesNew

I'd bank the cheque, except it won't clear for days and it's bank holiday weekend now too.

When's the court date? I'd bank the cheque and not do anything until it had cleared.

zzzLazyDaisy

computerbar wrote: »

surprise surprise.
Today I have got cheque this morning for £681.71 :beer:(which I was claiming from the seller including bank charges etc)

I am still waiting for the court date and now I got this letter. I am sure the seller realised that he can not win so instead getting the CCJ on his record he sent me the cheque instead.

What shall I do now? just deposit the cheque? or pretend that I have not received it (it was normal 1st class post)? or ask for say £800 for out of court settlement

Do I need to inform the court or what?

Regards

Does this cover all you were claiming? Especially does it cover your court fees? What about interest, did you claim that?

If you are absolutely satisfied with the cheque, you need to write to the court and formally withdraw the claim.

If the cheque doesn't cover it, simply bank the cheque and write to the seller saying that you accept the cheque as part payment of the debt, but that you are continuing with the claim in respect of the outstanding balance (* but see below) - and list the outstanding items. Then continue with the claim - for sure the rest of the money will turn up.

HOWEVER if the seller has sent the cheque with a covering letter saying it is in full and final settlement of the debt/court action, do not bank the cheque, just keep it and write to the seller saying that you are unable to accept the cheque in F&F because it does not cover the full amount of the claim, which is now (£xxx) including costs [and interest, if claimed]. Tell them that you will proceed with the court action unless you receive a cheque for [amount] in respect of the balance still owed.

Good luck

Incisor

computerbar wrote: »

Today I have got cheque this morning for £681.71 :beer:(which I was claiming from the seller including bank charges etc)

I am still waiting for the court date and now I got this letter. ...

Do I need to inform the court or what?

Have you incurred Court fees? Take advice, but if you have, then it isn't over until he has settled those, unless he is contesting.

judy2357

Have you thought of asking your solicitor what he advises?

tomstickland

I don't think that this is an open and shut case.

SouthCoast

Doors being nicked is a new one on me!

Anybody like to offer odds on the cheque bouncing?

zzzLazyDaisy

If the cheque bounces the OP needs to get the actual cheque from the bank and take it to court on the day.

The reason is that, in law, a cheque is treated as cash in the hands of the recipient and so it is unlawful to dishonour (bounce) a cheque (the exception is if the cheque was obtained by fraud which doesn't aply here).

So the fact that the seller sent the cheque at all counts as an admission that the money is owed to OP (UNLESS the covering letter stated clearly that is was sent with-out prejudice and/or with no admission of liability).

However, if the cheque does bounce, it does not look good for OP, because even if judgement is entered against the seller and a CCJ obtained, if the seller refuses to pay up then OP may well have to get involved in enforcement proceedings which will cost even more money.

So OP should keep a note of the sort code and account number that the cheque was written on, as this does at least mean OP will have the sellers bank details if necessary (assuming the cheque was written on the seller's own account)

PasturesNew

I'm still intrigued as to the door nicker's reasons for taking the doors... if the OP ever got any answer to this.

zzzLazyDaisy

I must say it is a complete puzzle to me. Who would want to take doors from a house anyway?

Unless they were something special - expensive oak doors for example, or something like that. But what are the chances of them fitting a new house?

Makes no sense to me. Maybe OP can enlighten us?

chinagirl

When we bought our house 5 years ago, we picked up the keys, let ourselves in to be greeted by a strong smell of gas, called Transco, they immediately condemned the gas hob, saying it was leaking gas from 2 burners, and they could not believe the sellers had the sheer stupidity to live like this rather than get the problem fixed. They were risking a gas explosion. Needless to say, we had to get a brand new hob fitted.Oh, and they had also taken the fish-pond away with them !!!!!???? How !!!?? and Why!!??There are some tight-ar**d money-grabbing b***ers out there.