Legal Cheek!

[Force4145]

Hi All,

This may not be exactly relevant but it is connected to the recent S-Type I purchased. I'm hoping there might be some legal eagles that might be able to advise me.

Soon after I bought the car, I noticed the air conditioning didn't work. The garage said for me to get it fixed locally and send them the bill. I did that and you can guess what happened next. They gave me the complete runaround with every excuse under the Sun why payment has been delayed (we are only talking about £149.00 here, not a king's ransom).

Anyway, I now get a 'Settlement Agreement' from a legal company asking me to sign my statutory rights away before they will settle the £149.00.

For those interested, here is the wording:-

SETTLEMENT AGREEMENT
It is hereby agreed between RM Garage (Preston) Ltd the Vendor (hereinafter referred to as RM) and Nick D the Purchaser (hereinafter referred to as ND) that in respect of the purchase of a Jaguar S Type hereinafter referred to as “the Vehicle” that a settlement has been reached and both parties are in agreement with.
RM Recently sold the Vehicle to ND, prior to sale the Vehicle was subject to a pre-delivery inspection and was sold with a valid MOT certificate. Following purchase the Vehicle suffered from some mechanical and/or electrical issues.
Both RM and ND have reached a settlement in which both parties agree to be bound. RM will pay the sum of £149 (one hundred and forty-nine pounds) to ND. The payment will be made by bank transfer to ND upon safe receipt of the signed settlement agreement.
Both RM and ND agree the payment of £149 is in full and final settlement of all claims that ND may have against RM both now and in the future in relation to all matters and the matter will be deemed to be concluded.
Both RM and ND agree that this agreement will remain confidential and will not be disclosed to any third parties. It is also agreed that neither RM or ND will report this matter on social media or leave any reviews on any website in relation to this matter.
Signed………………………………………………………..
For and on behalf of RM Garage (Preston) Ltd
Date………………………………………………………………….
Signed………………………………………………………………
Nick D
Date………………………………………………………………...

I would appreciate any opinions as the car is still under 6 months warranty (If I sign this I cannot make a claim in the future).

Should I sign it, or send around the debt collectors????

[david moore]

me ..I would get in touch with bbc watchdog program !  then in touch with trading standards.  before signing anything... seems very dodgy to me, as you say best get more legal advice.  plus its down to what terms and conditions was signed at time of purchase ?  get all your facts right before moving forward with this issue... good luck.  

[Force4145]

Thanks David. I signed no bill of sale on the purchase! But they actually agreed (by email) to the repair long before this 'legal agreement' was sent.

On thinking more about it, are they actually trying to blackmail me by saying 'if you don't sign this agreement we will not pay you the amount owed'? It certainly seems that way.

[Claws]

Nick if you sign it you are effectively ripping up your 6 month 'Warranty' they have already committed to repairing the AC (albeit you made the arrangements) what happens if the AC plays up again? have a look to see what is covered under the Warranty and decide whether its worth the paper its written on

Steve 

[Old Peter]

Hi Nick,

Don't sign it, but rather write to them [not email] telling them that you have statutory rights and you are not signing them away.

Also tell them that they have seven days from receipt of your letter [send it by registered post] to transfer the £149 to your bank account or you will take your case to the small claims court and they will have to bear any costs you incur.

If you want to, you could also tell the Legal company that they are outside of their rights to try to blackmail you and threaten to go to the Law society and report them.

Don't prevaricate and just stay firm, and let us know how you get on.

I once had a large Hotel chain delaying payment of an award by an Industrial Tribunal of £4000 on the basis that the Tribunal did not put a date on when the payment had to be made.  The threat of the Small Claims court referring the matter to the High Court to instruct Bailiffs got a cheque by return of post.

Regards, 

Peter.

[Carole Simpson-Hadley]

Good morning Nick (or ND, should you prefer!)

In a nutshell, the so-called agreement which you have been asked/instructed to sign has no basis in law.  In fact, the grammar is not even correct either.

As stated above, you would effectively be signing away your warranty, such as it may be.

It sounds unpleasant, but a well prepared Small Claims Court claim would quite likely scare them off.

Good luck, but don't get involved with expensive lawyers....there's only one winner there!   No apologies to any lawyers reading this.

More importantly, enjoy the S-type!

[Old Peter]

Hi Carole,

Good point made re expensive lawyers.  I was a member of Employment Tribunals until  I reached the compulsory retirement age of 70 and came across many claims for expenses by lawyers acting for other people. One Barrister claimed £2,400 for an hour before the tribunal to put forward a claim for costs when the Applicant had agreed to pay them. The Tribunal gave him £270.

I felt that the "Legal" letter was filled with jargon and was written by someone pretending to be a lawyer.

Regards, 

Peter. 

[Carole Simpson-Hadley]

2 hours ago, Old Peter said:

I felt that the "Legal" letter was filled with jargon and was written by someone pretending to be a lawyer.

Quite agree, Peter....take note Nick aka ND!

Possibly the car dealer (RM) had consulted with "Pseudo-lawyers-R-Us".   Or, as you will often point out, relevant to Doodli area (Black Country)...."Pseudo-lawyers-Am-We".

We should be interested to learn of the outcome, Nick.  Something in Preston smells awry!

[Force4145]

Thanks Carole and everybody else who has commented,

I have replied to these so-called lawyers this morning and am not expecting a reply anytime soon. I've given them 7 days to settle, or I will take recovery action!

I have taken out the name of the garage for the timebeing but I will reveal all at the right time, so that everyone can steer clear of them!

All the best,

Nick

NB. legalsolutions4u are not registered with law society and according to them " All our advisors have previously practiced as solicitors" possibly indicating that they have been struck off in the past?

[Force4145]

Thanks Ron. I'll see what happens and let you know.

All the best,

Nick