Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
    Gold Account Holder Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative Emmzzi Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Jun 2012
    Posts : 5,544 (2.79 post per day)

    Default Re: Can ACAS be in the wrong?

    "Agreed" is pretty clear; you agreed to the settlement. Their booklet is also clear = "Both parties will sign this as a formal record of the agreement." - not to make the agreement law, just as a record.

    Why agree to something you did not want to agree to? The aim is to get an early settlement, not go back and forth in endless negotiation. The answer to "do you agree" is yes, no, or I need time to think about it. I presume you said yes?

    It was your choice not to have legal representation, not that of ACAS.

    Their complaints procedure can be found here

    http://www.acas.org.uk/?articleid=4315

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  2. #22
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 454 (1.28 post per day)

    Default

    [QUOTE=sam1888;5070963]
    Quote Originally Posted by BlueLittleLady View Post
    Hi Becky,

    Hi, I am in this same situation right now. What can I do? I have not signed the COT3 and was not aware that once wording was agreed it became binding, I thought it was only once signed, and now I feel duped. I dont want to sign it, and they say unless I do I dont get any payment. So its a trap by ACAS, they should make it very clear that wording becomes binding they did not.

    I did not have legal advice, and how is that fair to me, when ACAS should be there to make sure both parties are fairly treated. Just seems so wrong.

    And he just says case is closed now, but how can it be, Ive not signed or any payment.
    I'm sorry, but as has already been explained to you elsewhere, it is your responsibility to understand the process and the conditions.
    It is not the responsibility of ACAS to explain that to you.

    Both parties are entitled to retain legal advice before entering into pre-claim conciliation, or at any time during it.
    A verbal agreement with ACAS is all that is required to make a COT3 legally binding.

    You agreed.
    Then changed your mind.
    That isn't allowed under the ACAS system.

    I appreciate that you feel otherwise, but the terms of agreement for COT3's haven't changed, and this information is widely available, so you had as much opportunity as the employer did to know how it worked.

    ACAS do not provide legal advice to either party, and so you are responsible for ensuring that you know what is going on.
    Sorry, but if you don't sign you won't get the payment agreed.
    But ACAS will close your tribunal claim.
    So you need to sign.

    -----
    Edit - sorry Emmzzi, I didn't notice your post over the page! But I agree with you...


  3. #23
    Basic Account Holder dondada Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
    Posts : 69 (0.30 post per day)

    Default Re: Can ACAS be in the wrong?

    ACAS is independent, that is a fact!

    They, however, have a target so they put pressure on both parties to settle.

    The Employers tend to have trained solicitors who are used to pressures.

    I would say they are good at turning it around, (which clearly happened in your case).

    There is nothing you can do.

    Just sign the COT3 and move on.

    I believe you did well to get to this stage.


  4. #24
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 454 (1.28 post per day)

    Default Re: Can ACAS be in the wrong?

    I think a lot of us would question that statement that ACAS is independent, especially at pre-claim stage.
    It depends on your definition of independent.

    The agency is paid for by the government.
    The targets are set by the government.
    The tribunals that the government wish to avoid are managed by a government department.
    And the costs of those tribunals are borne by the government.

    I therefore wouldn't call any of that independent!
    Not owing allegiance to either employer or employee doesn't make something independent.

    But I agree, there is nothing to be done so the OP needs to sign and move on.


  5. #25
    Basic Account Holder dondada Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2017
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    Default Re: Can ACAS be in the wrong?

    Definition of Independence is quite clear;

    They are not party to the dispute at hand.

    They might be sympathetic to one side but that is a different matter.

    They have their own agenda no doubt (eg speedy resolution of the case)

    But that doesn't remove their independence.



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