Help, really need some good advice here. In Aug of last year someone ran into the back of me in my car. Unfortunately as I was stationary at the time and I was shunted quite a way forward I suffered a personal injury, for which I had physio for, for the next 8 weeks. Anyway, on the 13th Jan this year, an offer was made from the third party, which I was advised to accept from my solicitor (who was provided for me by my car insurance) as I had Legal Expenses included on my policy (thank god). I was told that the total cost of my claim would be £2940.00, (£440 of which was payable to my Physio people for the treatment id had) so I was told over the phone, that I would receive a cheque for approx £2500.00. Anyhow on the 23rd Jan, I received a cheque for £2,940.00 which was attached to a letter that read as follows:-
We are pleased to enclose a cheque in the sum of £2940.00 in full and final settlement of your claim. This sum represents settlement on a 100% basis. As terms of settlement have been agreed with the other party, your claim cannot be re-opened at a later date.
We are pleased to have brought this claim to a successful conclusion and hope that if you require assistance in future you will consider approaching the firm.
So from this I assumed that the £440.00 for my physio treatment had already been settled and the cheque I had received was mine to bank. But as I was still unsure, I contacted my solicitors the same day that I got the cheque. I spoke to my personal claims handler after quoting my personal ref number. I told her that I was ringing to acknowledge receipt of my cheque and also to double check if there was anything else that I needed to do now, she said "no thats it, the cheque is full and final settlement and the claim has been resolved", I than said to her "so am ok to go ahead and pay this cheque into my bank", and she said "yes thats correct"....so thats what I did.
NOW today, I have just received a phone call from my solicitors saying that I need to send them a cheque for £440.00 in payment of my physio, as I had received this amount in error, I explained that I contacted them the same day that I got the cheque and I was told that the cheque was in full and final settlement (which is also stated in the letter that the cheque was attached to, which I still have), the girl said "yes I remember our conversation but I wasn't aware that the full amount had been issued to yourself, so you need to return £440.00 to us so that we can pay the physio. I said but that isn't my fault, and I no longer have the money.....and I have a letter stating that the amount sent to myself was in full and final settlement and was 100% of the claim. She said in that case then she would have to speak to her manager and would ring me back.....so far I am still waiting for her phone call.
Please advise.....can they really force me to return this money that they say I have to, even though the error is quite clearly theirs and not mine and I have a letter stating the amount of the cheque and that it is in full and final settlement and that the sum represents settlement on a 100% basis.
We are pleased to enclose a cheque in the sum of £2940.00 in full and final settlement of your claim. This sum represents settlement on a 100% basis. As terms of settlement have been agreed with the other party, your claim cannot be re-opened at a later date.
We are pleased to have brought this claim to a successful conclusion and hope that if you require assistance in future you will consider approaching the firm.
So from this I assumed that the £440.00 for my physio treatment had already been settled and the cheque I had received was mine to bank. But as I was still unsure, I contacted my solicitors the same day that I got the cheque. I spoke to my personal claims handler after quoting my personal ref number. I told her that I was ringing to acknowledge receipt of my cheque and also to double check if there was anything else that I needed to do now, she said "no thats it, the cheque is full and final settlement and the claim has been resolved", I than said to her "so am ok to go ahead and pay this cheque into my bank", and she said "yes thats correct"....so thats what I did.
NOW today, I have just received a phone call from my solicitors saying that I need to send them a cheque for £440.00 in payment of my physio, as I had received this amount in error, I explained that I contacted them the same day that I got the cheque and I was told that the cheque was in full and final settlement (which is also stated in the letter that the cheque was attached to, which I still have), the girl said "yes I remember our conversation but I wasn't aware that the full amount had been issued to yourself, so you need to return £440.00 to us so that we can pay the physio. I said but that isn't my fault, and I no longer have the money.....and I have a letter stating that the amount sent to myself was in full and final settlement and was 100% of the claim. She said in that case then she would have to speak to her manager and would ring me back.....so far I am still waiting for her phone call.
Please advise.....can they really force me to return this money that they say I have to, even though the error is quite clearly theirs and not mine and I have a letter stating the amount of the cheque and that it is in full and final settlement and that the sum represents settlement on a 100% basis.
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