How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Dear Solicitor, I had a dispute with big Public Body about

Resolved Question:

Dear Solicitor,
I had a dispute with big Public Body about payments not made by this body to me. I provided calculations and asked for the fast/prompt solution which would be easy and fair in the situation. Managers of the Public body said " we can't disagree with you" to me, they said my numbers are incorrect and just ignored my efforts to get things to be sorted out. They did nothing for 21 month which made my life and life of staff of my practice and business a hell-destroyed everything-credit ratings,family, bank business account, made me depressed and sick, unable to work normally, lost a house,all savings etc. Almost bankrupt. My MP involved and helped to get it moved only when I said I will sue the Public Body. Only now they (Public Body) agreed with all my calculations and solution I advised 21 month ago and they will do exactly I advised them to do, but I am forced to sign an agreement which is not designed to compensate damages made by the Public Body in period of 21 month to me and business and they want to tie my hands saying"the agreement would be in full and final settlement of any claim by you against the Public Body , or its employees, in respect of ..." payments and damages. I want to sell my practice and (if there will be enough money left from my practice) I would sue them for damages to me, family,business,health.. Situation forces me to agree with any offer now just to get rid off the relationship with the Public Body and to sell the practice. My question is: Are there any evidence of forcing me to accept the agreement which is not acceptable for me at all? I have to accept it due to no payments to my practice at all for 6 months if I do not sign it. If I sign that kind of agreement will it be legally accepted as a fair agreement between parties or I will be able to take actions to make the agreement not obligatory and would not be legally binding? What would be your advise to do in the situation? Thank you in advance
Yours Sincerely
Ramyras Gaiziunas
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What were the payments for? Was this a benefit you were receiving or a contractual debt?
Customer: replied 1 year ago.
contractual
Expert:  Ash replied 1 year ago.
Does it say the payment is in full and final settlement?
Customer: replied 1 year ago.
It says " The agreement would be in full and final settlement of any claim by you against NHS England, or its employees,in respect of Out-of-Time FP17 forms and your under performance in 2014/2015"
Expert:  Ash replied 1 year ago.
Ok. If you accept it you can't bring a claim for the same period in Court for any under payment.
Are there any evidence of forcing me to accept the agreement which is not acceptable for me at all?
No, duress is only where they threaten you.
I have to accept it due to no payments to my practice at all for 6 months if I do not sign it. If I sign that kind of agreement will it be legally accepted as a fair agreement between parties or I will be able to take actions to make the agreement not obligatory and would not be legally binding?
No. If you sign it you waive any right to bring a claim. You wont be able to take any action against them for anything other than what is offered.
What would be your advise to do in the situation?
It depends. If you can go for 6 months without payment then you could take it to Court and take your chances there. The risk of course if a claim is more then £10,000 it wont be a small claim and as such you would need legal representation which you have to pay for - if you lose then you would also be responsible for costs of the other side.
So it really depends on the amount and how long you are willing to wait. If you want short term payment but maybe not be able to take any action then you can sign, otherwise refuse and take it to Court.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Sorry, why it depends on the amount? Amount starts from £300000.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request full payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. Over £10.000 (your claim). it will be a multi track trial.
So you can take your chance in Court and sue for everything, or sign and accept the full and final settlement offer and not be able to seek further redress.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Yes ,
Thank You for your advice. It gave me better picture to look at.
It is very useful information for me.
Thank you very much! I must to think what exactly to do.
Have a happy New Year!KindlyRamyras Gaiziunas
Expert:  Ash replied 1 year ago.
Good luck Ramyras
Alex
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Law Specialists are ready to help you