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"Based on the same facts..."

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  • #16
    AshDunn - do you have any written evidence of the settlement agreement?

    eg an email chain (or letters) showing any negotiations leading up to the agreement and their intention to be bound by it?

    eg "AshDunn - if you agree to withdraw your claim against us we agree to pay you the amount you are claiming. If you agree please sign and return attached".

    I would agree that breach of the settlement agreement is an entirely different matter from what I assume was originally a breach of the Consumer Rights Act 2015


    Er... - how did they find out you were abroad? Did you tell them directly? Did they find out indirectly? (eg when you emailed the court to ask for an adjournment because you would be abroad, did you copy in the defendant?)

    If they did find out from you - whether directly or indirectly - I'd suggest it was evidence that they did not act in good faith. Not strictly relevant, perhaps, but might help to highlight their shabby conduct.

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