it was a genuine mistake made on their part, which i only just spotted on 29th of April. They have admitted via email that this was a mistake on their part. The amount that would be owed is £3753. My offer to settle was £2500
Hi, Thank you. There is the argument that you are bound by what you signed, and for this reason you would potentially have a claim to sue at the higher right. That said they will have a defence of the Law of Mistake - that is neither party contemplated the higher rate when the contract was signed. Further they would presumably have correspondence or an offer to show that the higher rate was never actually agreed.
If you want to bring a claim on the grounds that the agency should be bound by what they signed, there is merit to this. I could not say with any certainty how a court would view this simply because there is potentially a defense against the claim being made (i.e that you quite clearly agreed something else).
Do you have any indication that they are willing to settle this? Kind regards AJ
thanks for the response. It is pretty much what i already anticipated in that they may claim that it was a genuine mistake, what i was unsure of, and i think you have confirmed is the legal stance on genuine mistakes and whether the contract trumps this or the courts might look favourably on the mistake.
Answering your last question, the only indication i have is the counter offer they have made, but nothing else, i dont know if this classes as a willingness to settle.
Would you have information on any similar cases that have gone to court so that i can view the outcomes? it may strengthen the case (should i choose to proceed) showing legal precedence.