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Hi
Will try and keep this as simple as possible...
I brought a claim against a company under the Consumer Credit Act, for failure to deliver something that was promised by an unequivocal deadline that they had imposed on themselves.
I brought the claim over 3.5 years past this deadline, because I stupidly believed that they would eventually deliver it.
For the purposes of this post I'll say the principal is XX and the claim fee & interest on the principal is YY.
The company offered to settle shortly after we had both completed the N180 paperwork. They provided a Settlement Agreement and a Consent Order, which they required me to sign. As I understand it the consent order informs the court that "an agreement has been reached" and will serve to discontinue the claim. I have signed both fhe Settlement Agreement and Consent Order, which I have been told by the Defendant has been filed with the Court (I have had no correspondance from the court to confirm this yet).
The settlement agreement stated that (verbatim) "[COMPANY] shall, within 21 days of the date of this Agreement, pay to the Claimant the total sum of XX+YY (the "Settlement Sum") by way of bank transfer to [BANK DETAILS]".
The company has deposited a portion (YY) of this settlement to my bank account. XX remains outstanding, despite attempts to chase them for it.
My question is simply - what happens if the company has not paid me the full settlement figure by the date specified? I presume this means they are in breach of this agreement, and therefore the agreement and consent order are invalidated?
If so - how do I go about prosecuting this? Is there a formal process to notify the court of a breach of a settlement agreement? Does my original claim get reinstated?
Thanks in advance!
Will try and keep this as simple as possible...
I brought a claim against a company under the Consumer Credit Act, for failure to deliver something that was promised by an unequivocal deadline that they had imposed on themselves.
I brought the claim over 3.5 years past this deadline, because I stupidly believed that they would eventually deliver it.
For the purposes of this post I'll say the principal is XX and the claim fee & interest on the principal is YY.
The company offered to settle shortly after we had both completed the N180 paperwork. They provided a Settlement Agreement and a Consent Order, which they required me to sign. As I understand it the consent order informs the court that "an agreement has been reached" and will serve to discontinue the claim. I have signed both fhe Settlement Agreement and Consent Order, which I have been told by the Defendant has been filed with the Court (I have had no correspondance from the court to confirm this yet).
The settlement agreement stated that (verbatim) "[COMPANY] shall, within 21 days of the date of this Agreement, pay to the Claimant the total sum of XX+YY (the "Settlement Sum") by way of bank transfer to [BANK DETAILS]".
The company has deposited a portion (YY) of this settlement to my bank account. XX remains outstanding, despite attempts to chase them for it.
My question is simply - what happens if the company has not paid me the full settlement figure by the date specified? I presume this means they are in breach of this agreement, and therefore the agreement and consent order are invalidated?
If so - how do I go about prosecuting this? Is there a formal process to notify the court of a breach of a settlement agreement? Does my original claim get reinstated?
Thanks in advance!
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