COT3 settlement breached due to incomplete payment

Masha_2

Hi everyone, 

Unfortunately I continue being in a situation with my now ex employer which is causing me further harm and distress by deliberately not completing the payment agreed, and this is reigniting my symptoms of anxiety and mental issues.

I only signed a COT3 and accepted a settlement amount to withdraw an employment tribunal claim due to thinking that this would allow me to move forward with my life and concentrate in recovery and work search. 

The document has been signed by me and the respondents’ solicitors.

I contacted their solicitors but I did not receive response, and ACAS had also sent them a message. Two weeks ago, their solicitors said that they believed the payment was made. But that statement was made in bad faith

This people has treated me in way that has been deliberate to cause me harm as a way of retaliation, for a very long time. 

What can I do, can they real go away without paying me even if I take legal action? it seems they know what they are doing, and it feels like I have much more to loose, instead of recovering my money. 

This what AI says to recover the missing payment

Utilise employment tribunal penalty enforcement scheme - Send a final demand letter – report to pension regulator (payment had to go to my pension as a contribution)– look into a personal injury claim – consider a harassment claim under protection from harassment.

I am also unsure on how communicate with them, sending email to their solicitors, or directly to them. I want to avoid all the pain and stress, I wish I knew what to do now.

ACAS is not answering my emails. So I suppose I am on my own again. I will have to do what I can, I’ll appreciate if anyone with more experience and knowledge  on this could comment and advise, please. Thanks you!

Marcon

Masha_2 said:

Hi everyone, 

Unfortunately I continue being in a situation with my now ex employer which is causing me further harm and distress by deliberately not completing the payment agreed, and this is reigniting my symptoms of anxiety and mental issues.

I only signed a COT3 and accepted a settlement amount to withdraw an employment tribunal claim due to thinking that this would allow me to move forward with my life and concentrate in recovery and work search. 

The document has been signed by me and the respondents’ solicitors.

I contacted their solicitors but I did not receive response, and ACAS had also sent them a message. Two weeks ago, their solicitors said that they believed the payment was made. But that statement was made in bad faith

This people has treated me in way that has been deliberate to cause me harm as a way of retaliation, for a very long time. 

What can I do, can they real go away without paying me even if I take legal action? it seems they know what they are doing, and it feels like I have much more to loose, instead of recovering my money. 

This what AI says to recover the missing payment

Utilise employment tribunal penalty enforcement scheme - Send a final demand letter – report to pension regulator (payment had to go to my pension as a contribution)– look into a personal injury claim – consider a harassment claim under protection from harassment.

I am also unsure on how communicate with them, sending email to their solicitors, or directly to them. I want to avoid all the pain and stress, I wish I knew what to do now.

ACAS is not answering my emails. So I suppose I am on my own again. I will have to do what I can, I’ll appreciate if anyone with more experience and knowledge  on this could comment and advise, please. Thanks you!

How do you know the statement was made in bad faith?

Give ACAS a ring and ask if they can assist further.

lincroft1710

Masha_2 said:

 

This what AI says to recover the missing payment

Utilise employment tribunal penalty enforcement scheme - Send a final demand letter – report to pension regulator (payment had to go to my pension as a contribution)– look into a personal injury claim – consider a harassment claim under protection from harassment.

All of which will only cause you further anxiety and distress

Masha_2

ACAS has finally came back saying that the solicitors have told him that the payment has already been done. ACAS sent me a link to enforce the payment if I wish to to do so. it's a lot of money. 
I suppose I have to directly contact solicitors now and tell them of my intention to take legal action. 
what evidence do I need to show. a screenshot of my pension last contribution? 
if they say the did the payment, they could give me details of the payment done. but they cannot do that. 

I will request a SAR through their solicitors, can I do that, or do I have to ask my ex employer directly?
 
ACAS contact with the solicitors are only done by phone, so no records of them saying they did payment. 

lincroft1710

Is it possible the payment has gone somewhere other than your pension?


Telling solicitors you intend to take "legal action" is hardly likely to worry them.


It will be up to you to prove to a court you haven't received the money, if the employer did send the money then it would be easy for them to prove this to a court.

Masha_2

I thought the same. that maybe they did the payment somewhere, some pension they opened for me that I do not know about and they do not wish to disclose. 

my pension pot doesn't have the payment owed. so I suppose that is the proof. the wording says that the payment goes into the company pension as contribution.