Company trying to shoehorn me into accepting two settlement offers in one

[Daniella]

Hi all.

I took Amazon to Court for a problem with an order and that issue has been allocated to the Small Claims track, with a hearing in July.

After this happened, there was another unrelated issue which I complained to them about directly.

They offered me £100 in relation to this second issue, which I turned down.

The first issue, before the Courts, we were in the middle of discussing in order to avoid the hearing date.

They have offered me £335 in relation to that case.

HOWEVER...

They have told me in a WITHOUT PREJUDICE SAVE AS TO COSTS emails that I have to agree to both settlement amounts and agree that both issues are settled, and I cannot just accept the one amount for the current legal matter.

Is that legal by them?

I have just told them that I accept the settlement offer they have made in relation to the case currently before the Courts, and consider this settled now, and will present their ultimatum to the Court should we be proceeding.

My understanding of all this is that they cannot make an offer to settle in a case going to trial, and link it to an unrelated case not being dealt with legally.

Is that understanding right?

[jaguarsuk]

Is that legal by them?

I have just told them that I accept the settlement offer they have made in relation to the case currently before the Courts, and consider this settled now, and will present their ultimatum to the Court should we be proceeding.

My understanding of all this is that they cannot make an offer to settle in a case going to trial, and link it to an unrelated case not being dealt with legally.

Is that understanding right?

In answer to your first question Yes.

In answer to your second No, they can ask for anything in a settlement negotiation as if they get away with it their client will be happy.

You are perfectly within your right to say you will accept settlement of only one or we'll proceed to a hearing, plus I'll consider whether I file a claim for the second issue.

Settlement should be agreed in writing either by Consent Order or other written contract, read what they send you very carefully before signing it and do not discontinue the claim until you have a written agreement you are happy with.