Cot3 settlement payment, what can I do?

Dawn_mac

Thanks for your reply.


I have the COT3 settlement Agreement signed by both parties, is the enforcement documentation additional to this?



As suspected the payment is not showing at present.



Thanks

Undervalued

Sorry to be blunt but you seem to be itching for a fight over this!

Unless you have reason to believe that they won't pay or are likely to go bust there is really very little you can usefully do if 14 days actually become 18 or 23. Any sort of enforcement action will take time and depending on the mindset of whoever actually makes the decisions at the company, it may slow things down.

Whatever the rights and wrongs of the dispute that led to a COT3, the matter has now been settled and a legally enforceable agreement has been made. Obviously you should take action if there is any significant delay but there is little to be gained by being excessively petty.

Dawn_mac

Undervalued,

I can understand how and why you think the way you do. However, as mentioned before a condition of accepting the offer now, was that it was to be settled in a timely manner without delay. Legally, I am well within my rights to put this through the courts.

Just for your information, they are a multi million pound cooperation that wouldn't even notice the payment being made.

If I have to make the application through the courts they can choose to pay in 18, 23 days or whenever they want, the only difference is that they will be paying court costs and 8% interest for the privilege to do so. All I ask is that they follow the conditions of the agreement that they accepted, agreed and signed, I don't think that is petty, it's legally binding.

I've already done the fight through the negotiations and won all that I asked for. if I didn't mind waiting for the payment I would have let it go to the hearing next month and got more for doing so.

Undervalued

Dawn_mac wrote: »

Undervalued,

I can understand how and why you think the way you do. However, as mentioned before a condition of accepting the offer now, was that it was to be settled in a timely manner without delay. Legally, I am well within my rights to put this through the courts.

Just for your information, they are a multi million pound cooperation that wouldn't even notice the payment being made.

If I have to make the application through the courts they can choose to pay in 18, 23 days or whenever they want, the only difference is that they will be paying court costs and 8% interest for the privilege to do so. All I ask is that they follow the conditions of the agreement that they accepted, agreed and signed, I don't think that is petty, it's legally binding.

I've already done the fight through the negotiations and won all that I asked for. if I didn't mind waiting for the payment I would have let it go to the hearing next month and got more for doing so.

Sorry, but I think you are misunderstanding how these things work in the real world.

From the type of company you describe there seems little doubt you will get your money, quite probably before tomorrow's deadline but if not almost certainly within a week or two.

If they have not paid by close of play on Tuesday then you could quite reasonably send a "letter before action" and / or ask ACAS to chase. However to issue legal proceedings within hours of the deadline is premature to say the least. In all probability the payment will land in your account within a few days leaving you with a highly theoretical claim for a few days interest. In such circumstances you will struggle to get it or to get your court fee back.

Rightly or wrongly late filing of responses / papers etc etc happens all the time, particularly in employment tribunals an 99% of the time nothing is done about it.

Who knows whether you would have got more had it gone to a hearing. Sometimes people are bitterly disappointed. Settlements are reached for all kinds of reasons and who is right or wrong is only one of them. Anyway, as I said, you have reached a settlement so that is now academic.

cr1mson

I think it is also important to remember that the COT3 said payment was to be made in 14 days. I think it would be entirely possible for them to argue that payment has been made not received and therefore a more reasonable time for to take action would be 14 days + 3 working days to allow for it being received.

TBagpuss

BACS payments typically ake seveal days to go through. It doesn't sound as though there is any reason to suggest that they have not done exactly what they said they would.

If you haven't had the money by close of business tomorrow by all means chase them up and ask for interest.

thebrexitunicorn

Hi Dawn. Yes, the enforcement documentation is in addition to the documents that you have. It can only be issued once the payment is overdue though.