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Deed of Covenant, breach of contract by Maintenance company

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  • Deed of Covenant, breach of contract by Maintenance company

    Hi All, Happy new year first.
    OK, so long story short, We have a deed of covenant for new build house, it covers land maintenance and inspections etc etc. Its a pretty standard Deed. However, I am and have been in dispute with the maintenance company for some time now, because they failed to carry out certain parts of the maintenance and also have refused to provide actual costs so that i can work out what should be paid, ( its very shadey to say the least). So on their last invoice in early 2011, I deducted certain costs and clearly marked the covering letter as full and final payment. ( also had Trading Standards on to them, who advised the deduction to see what would happen).
    So, no acknowledgement, but they didnt refund the money paid or disputed it.
    I received interim invoice, but wrote back
    Now I have another invoice stating that there is an outstanding sum to be paid.
    So do I now issue letter stating I accept their repudiation of contract, due to continued breach and failure to acknowledge previous F&F
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  • #2
    Re: Deed of Covenant, breach of contract by Maintenance company

    How long was the gap between you sending them a letter and cheque marked as F&F, them cashing the cheque, then them writing to you saying you still owe money? A rough guide will suffice.

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    • #3
      Re: Deed of Covenant, breach of contract by Maintenance company

      Hi, thanks for stopping by, payment made in may 2011 ( online,), letter sent explaining this as well by recorded delivery. then further letter sent in August 2011 after they sent another invoice.

      Comment

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