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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31034
Experience:  Over 5 years in practice
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Can a Stakeholder pay out money he holds between 2 parties

Customer Question

Can a Stakeholder pay out money he holds between 2 parties in complete disregard of the Stakeholder's agreement (saying money saying the intention is to hold the monies against the A claim being made against 1 of the parties), which says subject to payment out by 1) court order or 2) agreement in writing of the parties. The Stakeholder has had another party WRITE saying if I do not inform him of specific objections within days he will pay out. a) can he do this? b) what can I do?can I stop him?
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
The Stakeholder has had someone else write to me to say he will pay the money held out to the person who has written to him asking for it. The Stakeholder will not communicate with me directly now. He seems to have put a buffer between me and him. The Stakeholder appears in my opinion to want to avoid the terms of the Stakeholder agreement which says payment out 1) by court order 2) by agreement in writing of the parties. If I do not raise specific objections within days he says he will pay out! Can they do this? Is this legal? How can I stop them? How can they ignore the written terms in the Stakeholder agreement?
Customer: replied 2 months ago.
Can they pay out upon request in total disregard of the Stakeholder agreement terms? How do I stop them?
Customer: replied 2 months ago.
Is it the norm for a Stakeholder to insist upon holding money due to me for 1 year?
IS it ok for them to charge me costs in setting up or maintaining an account to hold the money?
Expert:  Alex J. replied 2 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. To clarify the stakeholder is saying it will hold monies owed to you, to pay for a court order you might be liable for? How is the money owed to you? Kind regards AJ

Customer: replied 2 months ago.
No. Monies are owed to me under a contract. There is a shortfall. The Stakeholder agreement terms say the money may only be paid out by 2 methods:
1) a court Order, which has not been given. To get the court order someone has to be sued. This has not been done.
Or
2) the written agreement of the parties for the release of the money to me or another person
The Stakeholder is trying to bypas the terms of the Stakeholder agreement. They want to ignore it. Can he pay out upon a simple request without complying with the terms of his own Stakeholder agreement?
Customer: replied 2 months ago.
I'm in work. I can't talk on the telephone.
Customer: replied 2 months ago.
Can they pay out without complying with the terms of their own Stakeholder agreement?
Customer: replied 2 months ago.
It is to pay for a court order the other party to THE Stakeholder agreement may be liable for, NOT ME!
Customer: replied 2 months ago.
A bill was owed to someone who did work for a company that ceased to exist 11 years ago (2005). The person seeking payment did not sue the company within 6 years of their bill which was by 2010. They have no RETAINER with me. THEIR RETAINER is with the dead and non-existent company. The other party TO the Stakeholder agreement is afraid they may sue him.
Customer: replied 2 months ago.
May I request release of the money to pay me now as the other person who were owed a bill did? It seems to me that if the other person wants to be paid they must issue proceedings for a statute-barred debt to get their court order.
Customer: replied 2 months ago.
Can the Stakeholder pay out in total disregard of the terms of the Stakeholder agreement
1) a court order is needed
Or
2) a written agreement is needed
Customer: replied 2 months ago.
How can the Stakeholder pay out upon one letter of request from a party who is owed money by a company which ceased to exist 11 years ago? when they failed to sue for payment within the 6 years statute of limitations time frame. They are 6 years out of time and had to sue for payment by 2010. They did not do so. Actually they would have had to sue, GET a court order and put the company back on. They did none of that.
Customer: replied 2 months ago.
What can I do to make the Stakeholder comply with the terms of their own Stakeholder's contractual agreement?
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. If he breaches the terms of the stakeholder agreement then he would be in breach of contract - in which case you would be able to sue him for breach of contract. How much are you actually owed? Kind regards AJ

Customer: replied 2 months ago.
He's holding £15 k1) So he DEFINITELY 100% CANNOT PAY HUST UPON A 'REQUEST' FOR PAYMENT?2) so it's just a bluff from him then to find out what my specific objections will be if the party whose claim is statute barred issues proceedings against the other party to the Stakeholder agreement?3) why is he not writing to me directly and getting someone else to write to me?
I have told him I do NOT agree to waive my right to confidentiality?4) can the Stakeholder charge?
Customer: replied 2 months ago.
he definitely cannot pay out just upon a request for payment in the form of a letter?You are informing me the Stakeholder MUST comply with the written TERMS of his own Stakeholder's agreement to pay out only upon:1) a court orderOr2) written agreement of the parties
Customer: replied 2 months ago.
Please confirm that the Stakeholder definitely CANNOT pay out just upon receipt of one letter requesting payment?
Nowhere does it say that he can in his own Stakeholder's agreement. Why would he think that he can do so?
Why has he not written saying this to me himself but has chosen to have someone else write to me to say that:if I do not state specific objections in writing within 4 days the Stakeholder will pay outThey are BOTH AWARE that neither 1 nor 2 of the terms of the Stakeholder's agreement have been complied with!!!!!!Is it the norm for money to be held for 1 full year in a Stakeholder's agreement?Why do they think they can pay out upon receipt of a "request" for payment? They have not provided me with a copy of this request!
Customer: replied 2 months ago.
May I write to request payment to me?Should I reply to the Stakeholder that if he pays out that I will sue him for breach of contract?or can I confidently ignore the letter from the party he in my opinion is breaching confidentiality with?
Customer: replied 2 months ago.
I do not understand why he has asked another person to write this letter to me saying he will proceed to pay out upon a request for payment in total disregard for the crystal clear terms of his own Stakeholder agreement? Please help me understand this?
Customer: replied 2 months ago.
Do I have to reply to the Stakeholder directly?Can they use this against me if I sue him later and say they would not have paid out if I had told them not to within the 4 days?
Customer: replied 2 months ago.
Can I ignore this letter?
Customer: replied 2 months ago.
Please get back to me as I must talk to my family about this and we are all very concerned
Customer: replied 2 months ago.
Please reply Alex
Customer: replied 2 months ago.
I am very disappointed that you have not come back to me to reply from this morning
Customer: replied 2 months ago.
I await hearing from you Alex PLEASED
Customer: replied 2 months ago.
Alex,
What I need to know is
If I do not reply to the Stakeholder's letter saying he shall pay out within 5 days if I do not come back to him
can he pay out and say he had my IMPLIED CONSENT TO do so
From my inaction.
Please reply. I await hearing from you and thank you for your kind co-operation.
Customer: replied 2 months ago.
Please answer my Stakeholder question:
If I do not reply to the Stakeholder within 5 days giving specific objections to him releasing the money
can he use this as him having gained MY IMPLIED CONSENT and pay out?
Remember: HIS OWN Stakeholder agreement requires Express agreement in writing from all parties or a court order
Customer: replied 2 months ago.
Also, the Stakeholder agreement does not say anywhere in it that I must reply to anyone or anything within 5 days?
Or
That the Stakeholder may pay ON IMPLIED CONSENT
Customer: replied 2 months ago.
IS THE Stakeholder not assuming and asking for things that he has no involvement in or entitlement to ask for which in my opinion is very odd.
Expert:  Alex J. replied 2 months ago.

Hi My apologies I have had limited internet access over the weekend. I am reviewing your messages now. Kind regards AJ

Expert:  Alex J. replied 2 months ago.

Hi, Thank you. What would be easiest is if you had a copy of the stakeholder agreement to send me. Is this possible?

Expert:  Alex J. replied 2 months ago.

Hi, Thank you. The point here is you need to put an objection in writing that states that the stakeholder is in breach of contract and should not be paying out any monies unless it is permitted to do so under the agreement. Kind regards AJ

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