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final response

Kenyanscott1
Posts: 8 Forumite

Hi there
am I right in thinking that as final response and acceptance letter - you cannot be asked not to raise any further action or take your complaint to a reg body, or court, etc...
so for example, I'm looking for £200 to cover an outlay that the business made me pay out that I am due after they made a mistake . the business agree to pay the £200 but in the process ask me to confirm that I won't pursue or take the complaint any further after I accept the £200 (i.e. I wont go to a small claims court, or to an ADR etc..)
am I right in thinking that as final response and acceptance letter - you cannot be asked not to raise any further action or take your complaint to a reg body, or court, etc...
so for example, I'm looking for £200 to cover an outlay that the business made me pay out that I am due after they made a mistake . the business agree to pay the £200 but in the process ask me to confirm that I won't pursue or take the complaint any further after I accept the £200 (i.e. I wont go to a small claims court, or to an ADR etc..)
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Comments
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If that is their basis for paying the £200 then you have to agree to it.Life in the slow lane0
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In your example you're being put back into the correct position, why would you take it further ?0 -
There aren't any general rules around a "final response" unless you're talking about a regulated sector which has its own rules, so it might help if you told us what you're talking about. In general there's nothing wrong with them making an offer of £200 on the basis that you don't take it further.0
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You cannot be made to waive your statutory rights but you can agree to waive contractual rights etc.
Ultimately, no matter what you sign you can always issue court proceedings. It is then down to the judge to make the decision if what you've signed is binding and if it influences his decision on liability, quantum and costs.0 -
So presumably they have arrived t the sum of £200 after negotiations with you.
They want to confirm that you accept that amount as full and final settlement.
So, you cannot come after them for more at a later date.0 -
They are making you an offer.
You either accept the £400 and the matter ends there, or you take it to court and take your chances on getting more.
Your choice is to accept the offer, or don't accept it. If you do, then the matter is closed. If you are not happy to close the matter, the take it to court.
Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
You can be asked - as you have been.
If they are agreeing this as full and final settlement, a judge will certainly query why you agreed to this and then expect them to shake yet more money out of the company.
Accept that £200 is your lot and take it, or take action elsewhere and turn down the £200 - you can't have your cake and eat it.0
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