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I had an issue with an electronics manufacturer and a week before it went to court, they offered me exactly what I wanted which was a replacement device.
We both signed the settlement agreement and now the defendant has contacted me to state I must return the faulty item in order to receive the new one.
It is not stated in the Settlement Agreement that this is the case.
I've retracted some stuff, but the Settlement Agreement states:
‘[Redacted] agrees to provide, and the Claimant agrees to accept, a new [redacted], which is to be despatched to the claimant in full and final settlement of the claim (the “Settlement”).
It also goes on to state:
‘In order to receive the Settlement, the Claimant agrees to withdraw the claim by informing the County Court at [Redacted] that the claim is discontinued on or before 4pm on 10 September 2023. The Claimant shall provide evidence of the withdrawal by copying [redacted] into an email withdrawing the claim and attaching a completed Form N279 Notice of Discontinuance on or before 4pm on 10 September 2023.’
I have withdrawn the claim and done so in line with the terms stated in the Settlement Agreement.
It does not refer to the faulty device in the Settlement Agreement at all. All it states is that they are offering me the new device as a 'gesture of good will'.
Although I could just simply return it, I do not believe I am obliged to return the faulty device and can do what I please with it.
It sounds really petty, but I say this for a number of reasons, including the fact that Consumer Rights Act 2015 wasn't followed in 2021 which led to this and it's taken up so much of my time trying to resolve; the defendant's laughed in my face and told me I'd be lucky to get my court fee back, despite eventually giving me what I asked for in 2021; the defendant's solicitors is a dubious local firm who deal mainly in chasing people for parking tickets and have been nothing but rude to me in correspondence. It's worth stating this is one of the largest companies in the world and their after care service leaves much to be desired.
I now do not necessarily want to return it out of principle. I'd rather use it as a draft excluder.
I have a couple of questions, though...
1) Where do I stand with this? I believe the defendant would now be in breach of contract if it is now moving the goalposts and saying that I need to give them the old device in order to receive the new one.
2) What happens next if they insist I return the device before I receive the new one and I refuse?
Many thanks
We both signed the settlement agreement and now the defendant has contacted me to state I must return the faulty item in order to receive the new one.
It is not stated in the Settlement Agreement that this is the case.
I've retracted some stuff, but the Settlement Agreement states:
‘[Redacted] agrees to provide, and the Claimant agrees to accept, a new [redacted], which is to be despatched to the claimant in full and final settlement of the claim (the “Settlement”).
It also goes on to state:
‘In order to receive the Settlement, the Claimant agrees to withdraw the claim by informing the County Court at [Redacted] that the claim is discontinued on or before 4pm on 10 September 2023. The Claimant shall provide evidence of the withdrawal by copying [redacted] into an email withdrawing the claim and attaching a completed Form N279 Notice of Discontinuance on or before 4pm on 10 September 2023.’
I have withdrawn the claim and done so in line with the terms stated in the Settlement Agreement.
It does not refer to the faulty device in the Settlement Agreement at all. All it states is that they are offering me the new device as a 'gesture of good will'.
Although I could just simply return it, I do not believe I am obliged to return the faulty device and can do what I please with it.
It sounds really petty, but I say this for a number of reasons, including the fact that Consumer Rights Act 2015 wasn't followed in 2021 which led to this and it's taken up so much of my time trying to resolve; the defendant's laughed in my face and told me I'd be lucky to get my court fee back, despite eventually giving me what I asked for in 2021; the defendant's solicitors is a dubious local firm who deal mainly in chasing people for parking tickets and have been nothing but rude to me in correspondence. It's worth stating this is one of the largest companies in the world and their after care service leaves much to be desired.
I now do not necessarily want to return it out of principle. I'd rather use it as a draft excluder.
I have a couple of questions, though...
1) Where do I stand with this? I believe the defendant would now be in breach of contract if it is now moving the goalposts and saying that I need to give them the old device in order to receive the new one.
2) What happens next if they insist I return the device before I receive the new one and I refuse?
Many thanks
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