Personal cheque in full and final settlement.

A

Anonymouse

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Have an up coming minor court case but have been ill so rather than have the extra added stress I have personally written to other person enclosing a cheque as a gesture and in full and final payment. Case may not have gone against me but could not face the idea of a court so tried to find a solution. The other person has cashed the cheque. I have heard that he cannot now follow me for more money , what I sent was a percentage of what was sought though my solicitor thought money sought was ridiculous. Told my solicitor what I did . He is not sure I am free of it but I had heard issues on radio long ago similar situation and result was once he cashed the cheque that was that.Anyone know anything? Thanks
 
not necesarily. Did other party have a solicitor? Does that solicitor know about your approach? What will yo udo if other party simply goes to court and gets judgement for rull amount? If you are professionally represented, you need to have your own solicitor make case for you in Court and you will also probably need to attend.

What wording did you use in letter accompanying the cheque?

This is not as black and white as you think.
 
Not legally qualified - but I would have thought that if you sent cheque with covering letter indicating that the cheque was in full and final settlement of whatever claim exists then by cashing the cheque the other party has indicated their acceptance, and thus couldn't follow you for more.

Just my opinion....

Best of luck.

BM
 
Hi Ravima, Yes other party had a solicitor. Wording was that this was a gesture and in full and final settlement. Waiting to hear if case dropped. My solc. thought it was worth a shot if I was not prepared to fight it and just wanted it to go away. Big issues going on in life at moment. Doc advised trying to sort it. I may have won it but it would hang on for ages as would be unavailable for court for long time. Other party will save on solc. commission if drops case and says zero. Not the wisest thing to do but hoping other party will realise he is lucky and does honourable thing. Thanks for replying.
 
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