It seems very odd
way of working, to be invoiced upfront and then for you to manually make the changes.
The correct way of doing it, if they want to invoice upfront, is for them to
issue a credit note for the non-used days and for you to pay the balance.
To be frank, based
upon these facts, whilst their invoice is in respect of all the possible days
that you could have been there, because of the various closure etc I would tell
them that the payment they have represents all the days which you occupied the
building did they do issue proceedings, you will defend them on that basis. Tell
them that you have extremely accurate detail records going back over 12 years
which you will produce to the court.
This is one of
those may have to decide for you. Tell them not to write to you again but
either issue proceedings in the Small Claims Court or leave you alone.
I appreciate that you did not know that this was going to
become a problem but if you had suspected it, and you had asked the question on
here about how to deal with the part payment to make sure that it did not come
up and bite you, I could have answered you. In
cases like this, I never suggest making an offer. I suggest sending a cheque.
Armed with a cheque in the hand for some of the amount they want, compared to
an argument over the whole of the amount, (and arguments that they may win or
lose) the cheque in the hand is a pretty powerful incentive to accept it.
this crops up in future, consider deciding how much you would like to pay the
(you need to make it attractive enough) and send it with a covering letter
headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
them in the letter that you are offering this money in full and final settlement
of all claims against you, past, present and future, and that by cashing it
they accept it as such. Tell them that if they do not accept it, they should
return the cheque to you and if they issue legal proceedings, you will defend
them on the basis of A, B, C, whatever.
them that if they do not understand the significance of the letter. They should
take independent legal advice.
can tell you this approach works nine times out of 10, provided the offer is
reasonable and not derisory.
For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but was come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you.
Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html
to answer the
question about whether they can cash the cheque as a part payment, yes they can
and there is case law (lots of case law) on just that. The principle is that
part payment is not sufficient consideration to forego the balance.
There are ways around
it which are in the scenario I gave you earlier.
that answer the question? Can I help further? Can I answer any specific points?
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