LegalSolutions4U - Car Rejection Issues

[Correntexp1]

Thanks both - i went back with a second letter before action as suggested and they came back almost immediately asking me to sign a 'settlement agreement' before payment. Where do i stand with this? I don't want to sign a ropey at best looking document which was drawn up by a company which cannot call themselves solicitors, but "legal advisors".

Also states that if i was to sign they would pay within 7 days, which is actually shorter than the 15th April deadline my 2nd LBA states.

Any help on if i can just disregard this settlement letter? or amend? or is this a normal process in mediation?

Cheers,

[R0b]

Best to post up the contents of that settlement agreement if you want any proper assistance.

Courts expect legal proceedings to be last resort, so it should at least be considered.

[Correntexp1]

R0b Attached a redacted version the 3 pages

In part (A) of background it incorrectly states 23rd March as the vehicle purchase date. It was actually 23rd Feb (Lets call this a typo which can be changed and move on)

[Correntexp1]

R0b Attached a redacted version the 3 pages

In part (A) of background it incorrectly states 23rd March as the vehicle purchase date. It was actually 23rd Feb (Lets call this a typo which can be changed and move on)

[R0b]

Well, my initial thoughts are why would you want to sign this? Just going back to your earlier posts, you mention that LS4U stated that the garage will pay you if you return the car to them. On that basis I would call that an offer to settle and, by returning the car to the garage you could argue that you accepted the offer (I hope you have a print out / screenshot of that advert for evidence). Therefore, in my view, I can't see any reason to accept the settlement.

However, if you were sign the settlement letter then you might wish to be careful on clause 4 which effectively prevents you from discussing your dispute with anyone other than the exceptions listed. Effectively its a gagging order and on the one hand, it's damage limitation for the business but on the other, you should be free to talk about the problems you've experienced with them as long as it is factually correct and your not making things up.

Whenever I've come across these types of clauses I tend to reject them and insist on their removal for the reasons above. It's a reasonable ask and if they refuse then you can crack on issuing legal proceedings which means that the matter will be decided in public and on record too so it wouldn't matter anyway. The common excuse for keeping the confidentiality clause is that it is policy for them to include it in the settlement terms; be that as it may, that doesn't mean you have to accept it and then its up to the garage to decide if they want to drag this out to court or remove the clause and get it over and done with.

[des8]

I'd go along with R0b and ask why would you sign this agreement.
For a start it leaves you out of pocket... transport of car back to dealer & cost of independent inspection at least.

Rewrite the settlement letter with increased amount and remove clauses you don't agree with and send it as a "without prejudice" counter offer in an attempt to settle the issue without proceedings in accordance with preaction protocol.