Discharge of claim
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gotoPzero

Original Poster:

20,622 posts

218 months

A few weeks ago an issue cropped up with a house purchase that completed a while ago.

I went back to the solicitor to confirm a few things and they held their hands up and said it was their mistake and they would sort it out - which they have now done at no cost to me.

I have now been sent a form to sign that says I am accepting their resolution as final settlement for all and any future matters that may arise.

Is this ok to sign? I doubt there will be any future issues - but it seems very final.


alscar

9,537 posts

242 months

gotoPzero said:
A few weeks ago an issue cropped up with a house purchase that completed a while ago.

I went back to the solicitor to confirm a few things and they held their hands up and said it was their mistake and they would sort it out - which they have now done at no cost to me.

I have now been sent a form to sign that says I am accepting their resolution as final settlement for all and any future matters that may arise.

Is this ok to sign? I doubt there will be any future issues - but it seems very final.
Without knowing exactly what did they wrong and how they resolved it , at the very least I would want this info in writing from them before you then sign.

Alex Z

2,061 posts

105 months

gotoPzero said:
A few weeks ago an issue cropped up with a house purchase that completed a while ago.

I went back to the solicitor to confirm a few things and they held their hands up and said it was their mistake and they would sort it out - which they have now done at no cost to me.

I have now been sent a form to sign that says I am accepting their resolution as final settlement for all and any future matters that may arise.

Is this ok to sign? I doubt there will be any future issues - but it seems very final.
You found problem A, which they have resolved to your satisfaction.

That document sounds like it would prevent you from making a claim for problems B, C & D which have yet to come to light (which may of course not exist).

Seems a bit broad for my liking

E-bmw

13,302 posts

181 months

Alex Z said:
gotoPzero said:
A few weeks ago an issue cropped up with a house purchase that completed a while ago.

I went back to the solicitor to confirm a few things and they held their hands up and said it was their mistake and they would sort it out - which they have now done at no cost to me.

I have now been sent a form to sign that says I am accepting their resolution as final settlement for all and any future matters that may arise.

Is this ok to sign? I doubt there will be any future issues - but it seems very final.
You found problem A, which they have resolved to your satisfaction.

That document sounds like it would prevent you from making a claim for problems B, C & D which have yet to come to light (which may of course not exist).

Seems a bit broad for my liking
As above more information required.

"No further claim for THIS issue" - OK.

"No further claims for ANY issue" - Not OK.

Panamax

9,510 posts

63 months

They cocked up. You told them to fix it. They've fixed it, putting you back to where you should have been in the first place.

Had they not cocked up, would you have signed an "I will make no claims" letter? Surely not.

I see no reason why you should now waive any rights at all. If anything you might say to them, "I'm glad this now appears to be resolved and hopefully there will be no further issues. Thank you for your prompt attention to this matter."

ac.cobra

141 posts

55 months

Tuesday
quotequote all
If they cock it up once, then they may cock it up again.
I wouldn't sign.

_Rodders_

3,716 posts

48 months

Tuesday
quotequote all
It would make me think they can see where it's going and are a bit worried.

If they've fixed the issue what are they worried about I wonder.

Sheepshanks

40,836 posts

148 months

Tuesday
quotequote all
Probably needs another solicitor to answer, but it may be that it currently shows as an open claim/complaint or whatever, so needs to be shown as closed off for auditing purposes. Normally you'd do it by settling the bill, but in this case there isn't one.

OIC

485 posts

22 months

Tuesday
quotequote all
This is a favoured ploy by insurance companies as well.

You make a complaint.

They agree they cocked it up (as they do frequently) and offer you fk all in compensation (usually around £100) as long as you agree that as full and final settlement for that and all future 'related' issues.

In that situation I decline the compo but thank them for their claim response letter.

That way their error is acknowledged and recorded but that issue and any 'related' issues can still be considered at a later date, probably for up to 6 years (depending on the nature of the complaint), by the courts.

TL:DR - it's a trap, don't agree to it.

gotoPzero

Original Poster:

20,622 posts

218 months

Tuesday
quotequote all
Ok thanks all, its sitting on my desk where it will remain until they chase / if they ever do.
Cheers

kestral

2,215 posts

236 months

Tuesday
quotequote all
Unless is part of the original claim that you sign, then you don't sign.

If someone does a job for me and at the end of it asks me to sign "That I cannot make any claim in any event due to their negligence" I would be be a nutcase to sign.

kv85

87 posts

42 months

Tuesday
quotequote all
If the solicitors have fixed the original issue, then you certainly have no incentive to sign it.

Having faced severe delays in resolving issues due to solicitor cock up, DONT sign in. What if there is a yet to be undiscovered issue that only comes to light if and when you are selling the place?

Franco5

498 posts

88 months

gotoPzero said:
A few weeks ago an issue cropped up with a house purchase that completed a while ago.

I went back to the solicitor to confirm a few things and they held their hands up and said it was their mistake and they would sort it out - which they have now done at no cost to me.

I have now been sent a form to sign that says I am accepting their resolution as final settlement for all and any future matters that may arise.

Is this ok to sign? I doubt there will be any future issues - but it seems very final.
Tell them to shove their form.