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 Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We are property managing agents, we have received correspondence

Customer Question

We are property managing agents, we have received correspondence from a tenant's solicitor with a personal injury claim, we called the tenant and he is says say is willing to close the claim, we need a draft letter for the tenant to sign that he is not proceeding with the claim
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello has a court claim actually been made and is the tenant receiving anything in return for not claiming?
Customer: replied 1 year ago.
no court claim yet, and not planning to give anything, meeting him tomorrow
Expert:  Ben Jones replied 1 year ago.
Whatever letter he signs saying that he will not claim in court, he cannot be prevented from doing so if he changes his mind. Had he received some form of compensation, then a letter could be drafted to state that he accepts this consideration as full and final settlement for any potential claims he has in relation to this injury. But in the circumstances that would not be the case so even if you were to get a letter to him, that would only be for your own peace of mind, it would not really stand up in court if he later decides to make a claim anyway. So it is up to you whether you want to get such a letter in place, but if he has said that he will not be claiming and he intends to keep that promise, then that is all you would require in the circumstances.
Customer: replied 1 year ago.
Ok so we will consider making a payment and settle to ensure he surrenders his rights
Expert:  Ben Jones replied 1 year ago.
Yes, ideally you would want to provide some consideration for his agreement not to claim, then it would have more of a legal standing
Customer: replied 1 year ago.
Ok we will do this then, we just need a draft letter or wording
Expert:  Ben Jones replied 1 year ago.
Hello again, sorry I was unexpectedly called into a meeting earlier. You can use the following wording, making sure it is marked ‘Without Prejudice’. “[Name of tenant] agrees that they are accepting the sum of £X from [name of property maintenance company] in full and final settlement for any potential losses or compensation that may be recoverable against [name of property maintenance company] as a result of personal injuries arising out of [provide brief detail of what the nature of the incident was which they would have claimed for]. Both parties understand that this payment is made on a without prejudice basis and without admission as to liability on the part of [name of property maintenance company].” Then get it signed and dated by both parties. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46765
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you very much Ben
Expert:  Ben Jones replied 1 year ago.
You are most welcome

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice