Shropshire companies should not have to grin and bear it when it
comes to clients stalling over paying their bills.
That's the message from Graham Davies, senior partner at
Martin-Kaye LLP Solicitors, in Telford.
"We've all encountered clients and customers who try to use
delaying tactics when it comes to paying for work that's already
been carried out.
"One of the most common tactics is to send a cheque for less
than the amount that's owed, as they know it will cost you time and
money to chase the balance.
"And sometimes this payment may be accompanied by a letter that
says the amount is 'in full and final settlement'.
"Don't be afraid to bank the part-payment as soon as you receive
it, as this will not jeopardise your right to receive the full
amount.
"As long as there is no dispute over the amount that's owed,
companies have every right to bank the interim cheque and demand
the outstanding balance within seven days.
"You can also point out that if it's not received, further court
action will automatically follow.
"But if there is a dispute, you need to take greater care, even
if you believe the dispute is unwarranted."
Graham said if a cheque had been sent "in full and final
settlement" in a case where the amount is disputed, the safest
action would be to return the cheque, including a covering letter
that answers the issues raised and requesting payment of the full
balance as soon as possible.
"To minimise any future problems if you do cash the cheque, you
should write to the debtor immediately to inform them you don't
accept it as 'full and final settlement', and that you consider it
a part-payment with the balance to follow.
"And don't waste time debating what action to take - the longer
you wait, the more likely it is that the courts will say you have
shown a strong indication that you're happy to accept the lower
offer."
For more information on Martin-Kaye Solicitors visit their
website here: www.martinkaye.co.uk