Cot3 settlement payment, what can I do?

Dawn_mac

Good morning everyone,


I hope you can all offer some help with my query. I signed a COT3 settlement almost 2 weeks ago, with instruction that the payment was to be made within 14 days of the signed paperwork and withdrawl. Paperwork was signed by all parties on the day via scan and email and withdrawl was also emailed over to the Employment Tribunal.



I got an email to say that the BACS transfer was processed earlier this week and the payment should reach us by Friday 6th, which didn't happen, the last day for the 14 days will be middle of this coming week.


When can I file a request through the courts for non payment?

cr1mson

Dawn_mac wrote: »

Good morning everyone,


I hope you can all offer some help with my query. I signed a COT3 settlement almost 2 weeks ago, with instruction that the payment was to be made within 14 days of the signed paperwork and withdrawl. Paperwork was signed by all parties on the day via scan and email and withdrawl was also emailed over to the Employment Tribunal.



I got an email to say that the BACS transfer was processed earlier this week and the payment should reach us by Friday 6th, which didn't happen, the last day for the 14 days will be middle of this coming week.


When can I file a request through the courts for non payment?

Payment made or payment received? As at present assuming that the email is correct then payment has been made just not received. If funds are not received on Monday would get in touch to query but wouldn't go to courts for non payment at this stage.

Is there a reason you don't think it will be paid?

Dawn_mac

Hi Cr1mson,


Thanks for your reply. Yes you are right in assuming, the respondent are claiming they made payment via BACS and confirmed this by email on the day it was made. I was asked to confirm via email of when I receive it. I checked account and confirmed on Thursday and Friday it wasn't received.


One of the reasons I accepted was on the basis that the payment would be made asap within 14 days, they argued the point first then accepted as the ET is next month. I said if this was not accepted I would not accept any offers at all and would go to hearing without further negotiations. I'm thinking that this is their way of delaying the process.


There is no reason why, they are a very large organisation that would have no problem making a payment

of that amount.


I want to apply to the courts at the earliest stage possible, so that I can request that interest and court costs are incurred should they wish to continue with a delayed payment.


Thanks

theoretica

Worth asking your bank if they can trace the payment - I was once involved in a payment that was made, correct numbers and everything, but the receiving bank decided to sit on it for some reason until asked to trace it.

cr1mson

Just reread post and to clarify was the requirement for payment to be made in 14 days contained within COT3 or was that a separate instruction?

Dawn_mac

cr1mson wrote: »

Just reread post and to clarify was the requirement for payment to be made in 14 days contained within COT3 or was that a separate instruction?

Hi Cr1mson, Yes, I made sure it clearly states in the COT3 to be paid within 14 days of the agreement being signed and withdrawal sent to ET.


I have scanned copies of the signed COT3 from both parties, the email sent to ET on the same date, as well a confirmation email from the respondents legal council advising that it had been forwarded to be processed.

thebrexitunicorn

You would need to wait until the 14 day period has passed before doing anything. If you haven’t received the payment by then give your conciliator a call. There’s information on the Acas website about COT3 enforcement (see the COT3 covering letter). It’s unlikely any legal action will be required, payments are usually forthcoming.

BooJewels

We went through the same process earlier this year and the respondent said they'd processed the payment on a particular day, but it didn't appear in our account until several days later on day 14.

What they'd done is process the payment (so saying that they'd done that was in fact true) but with a future payment date - the deadline date. So it may well appear at the last minute.

Dawn_mac

thebrexitunicorn wrote: »

You would need to wait until the 14 day period has passed before doing anything. If you haven’t received the payment by then give your conciliator a call. There’s information on the Acas website about COT3 enforcement (see the COT3 covering letter). It’s unlikely any legal action will be required, payments are usually forthcoming.

Hi thebrexitunicorn, thank you for your reply.

I will wait until close of business Tuesday giving them the time specified to make the payment as agreed, however if it doesn't happen, on Wednesday morning 9am I will be applying through the civil courts for the settlement amount, as from this time the court costs and daily interest will begin to incur until I receive payment. I do not believe speaking to ACAS will help at all, all they will do is make a phone call and tell them to pay, I can do that myself.

I did the negotiations direct with the respondent which was so much more simpler, in my honest opinion ACAS were of no help to me throughout the whole of the conciliation process. They had to be included at the very end to draw up the COT3 that was already negotiated, agreed and settled by us. I personally found ACAS to be very negative, argumentative, obstructive and unreasonable, it was so much easier to speak to the respondent's legal council directly myself.

After speaking to the bank today, I am hopeful that the payment will be made in the next two days.

Thanks

Dawn_mac

BooJewels wrote: »

We went through the same process earlier this year and the respondent said they'd processed the payment on a particular day, but it didn't appear in our account until several days later on day 14.

What they'd done is process the payment (so saying that they'd done that was in fact true) but with a future payment date - the deadline date. So it may well appear at the last minute.

Hi BooJewels,

Thank you for your reply. I did in fact speak to the bank earlier today, they informed me that the BACS transfer could take between 1 - 3 working days to process. It will be day 3 tomorrow, so I'm hopeful that it will go through early tomorrow morning. If not, I will proceed with the civil courts on Wednesday at 9am.

Thanks

thebrexitunicorn

I will wait until close of business Tuesday giving them the time specified to make the payment as agreed, however if it doesn't happen, on Wednesday morning 9am I will be applying through the civil courts for the settlement amount


You would need to obtain enforcement documentation from Acas confirming that settlement was reached. However, here's hoping it doesn't get to that stage.