out of court settlement

TheWindowCleaner

i was wondering if anyone could help me on this i live in Scotland so Scottish law might be different i dont know,anyway i was involved in a road traffic accident and accepted an out of court settlement in March and was then informed by my lawyer via letter that they expected to issue a cheque to me within 8 weeks.The 8 weeks have came and went and still no word so i called the lawyers today to be told be his secretary that the moneys still not in,that theres not a lot they can do and i just have to be patient.Is this right as it doesnt seem right as before i accepted the settlement there was a flurry of correspondence between lawyer and insurance company in the days leading up to the court date and then when it comes to paying the readies the whole thing slows right up again,any advice would be greatly appreciated.

powned

im sure you guys in Scotland have some kind of legal ombudsmen, i would write them and cc you solicitor in on the letter how to become a plumber

Quentin

An ombudsman can't help you to get money you are owed.

Your solicitor should have agreed a payment date along with all the other terms of the settlement.

If not he has let you down, and you should make a complaint. Ask your solicitor to pursue them for the money. Or you can use the small claim court (without a solicitor if the money owed is less than £3000).

If there is a payment date in the agreement, and that has been breached, then ask your solicitor either to commence proceedings to get the money you are owed or to reinstate the original court proceedings.

callas

The insurance company if this who is paying out the settlement are prone to delays and need a kick up the backside.

If all parties have signed a settlement agreeing that this amount is to be paid and the proceedings bought to an end, or if a formal offer has been accepted then in England the solicitor would make an application ot the Court to enforce the agreement.

He can also request on top of getting the settlement interest from the due date at 8%.

They should normally be expected to pay within 14 days of settlement, given that this is an insurance company 28 days is more realistic.

Go back to your solicitor and request this is taken back to Court or tell the other sides insurance company your course of action as they will be paying the costs. This should aid pen to cheque!