Late to deliver item as part of Settlement Agreement

[jmj]

Good afternoon,

I've previously posted in here about a company that has treated me diabolically over a faulty device.

It was subsequently settled outside of court after they finally agreed (after two years) to send me a new replacement item.

They were due to send it within 14 days (by yesterday) in accordance to the Settlement Agreement and have failed to do so. The issue could be with the courier as they claim they tried to deliver it to me on Friday. I am 100% absolutely certain they didn't. I was in all day and I have a concierge at the front desk. Also, if anyone rings my intercom I get an alert on my mobile.

Where do I stand with this please? It seems they are not honouring their side the agreement.

Does this make the agreement invalid as far as other points are concerned, including me not being allowed to discuss the issue via social media, in the press or anywhere, as well as the fact that I will need to return the faulty device at some point (I initially thought they hadn't indicated this and got a bit of egg in my face)!

Many thanks

[R0b]

Hello

No it doesn't invalidate the agreement, it would be a breach of contract and depending on the wording of the agreement you would either have to send a letter before action before issuing fresh proceedings, or if there are words to the effect of 'liberty to apply' then you could simply make an application to the court without the need to start the pre-action process.

Point of note, technically if you signed the agreement that prohibited you from discussing the issue at all then you are not allowed to discuss it here either, so be careful what you may say on the forum. If the wording says you can't discuss the terms of the settlement then you're probably ok to discuss generally.

[jmj]

Hello

No it doesn't invalidate the agreement, it would be a breach of contract and depending on the wording of the agreement you would either have to send a letter before action before issuing fresh proceedings, or if there are words to the effect of 'liberty to apply' then you could simply make an application to the court without the need to start the pre-action process.

Point of note, technically if you signed the agreement that prohibited you from discussing the issue at all then you are not allowed to discuss it here either, so be careful what you may say on the forum. If the wording says you can't discuss the terms of the settlement then you're probably ok to discuss generally.

Many thanks! Very much appreciated!

As a side, it just states I can't discuss the terms of the settlement, but I hadn't thought about that aspect, so thanks again