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yhenls

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  1. I regret backing out but I had a lot of anxiety at the time. Can I still pursue the 3 Claims? @BankFodder list of events: I emailed the Defendant saying I agree to settle the 3 Claims if they pay my costs and state in writing that they will not file any applications relating to my Claims. They pay my costs, however they use the words "We note the contents of your email", and "as agreed the payment has been made settling your claims" (they did not explicitly state they agree to my settlement terms, which requires for them to confirm in writing they will not file any applications relating to the claims. ) I send them another email asking them to confirm in writing that they agree to my settlement conditions which are not to file any applications relating to the claims. Almost one month later from the date of my settlement agreement and them paying my costs, they then responded by email stating they would confirm that they will not file an application to the court, if I clarify my settlement agreement.. following which I did and they agreed to confirm in writing that they would not file an application. I had emailed the Court that the 3 claims are settled in full. Could I argue that there was no consideration for this settlement agreement, as they paid my costs without actually stating they agreed to the terms of the settlement not to file any applications. After one month of them paying my costs, they then tell me they would agree to the terms if I clarify the settlement. They paid my costs without actually agreeing anything, until 20 days later, so there is no consideration, and I can still pursue the 3 Claims for the full judgement? Or is it too late.
  2. Thanks bankfodder. I will take that route if the defendant doesnt accept the settlement Is this a valid settlement agreement? ; I will accept a settlement agreement if you pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action. Once I receive payment of £188, I will inform the Court that the Claims are settled
  3. Just want to clarify my several Claims relate to one SAR, each claim relates to a different time period of the breach. Im asking if the defendant pays my costs as a settlement of my several Claims, does this prevent the Defendant from setting aside the CCJ to which that Claim relates. I still don't understand this point. If the defendant files a set aside against my Claims on the mandatory grounds, ie all my Claims are the same underlying facts and the judge agrees, then my understanding is that I would have to pay solicitors, applications costs and the small claims cost rules don't apply I understand and agree with your points that the Claims are valid, however ultimately its up to the Judge regardless what the law is. I want to settle if that prevents them from making a set aside or strike out
  4. Not sure. Does it mean a settled Claim can still have the CCJ set aside? If that's the case then there isn't a point in having a settlement, if they can just set my ccj aside anyway
  5. Does that mean the company can still set aside my 3 Claims/Default in Judgement CCJs, even if we have agreed to a settlement for all 3 Claims? Doesn't a "settlement" put the Claim/CCJ to rest. and a set aside means that a Claim will be "brought back to life" and reheard. i.e the company shouldn't be able to set aside a Judgement in Default CCJ relating to a settled Claim? It seems that the company is willing to settle the Claims. Not sure if what I sent them would be considered as a valid settlement agreement, as I just said that if they pay my costs for the three Claims, I will consider them settled, (without actually asking them to state they agree to the conditions)
  6. I would prefer for there not to be any set aside / strike out application, that's why I'm wondering if I agree to a settlement agreement for the 3 Claims, does that prevent them from making a set aside / strike out application for my CCJs/Claims? I emailed them already stating the below: Thank you for assisting me
  7. No they haven't provided any data. My GDPR request states "Please supply all the data you hold about me that I am entitled to under data protection law." It's Health Dam. I did a PCR test with them a year ago
  8. I made 4 Claims in total, the document shows the Claim amounts, for each of the Claims, and the Particulars of Claim for each of the respective Claims I made If they make a set aside and strike out application on the mandatory grounds, I believe they can get a solicitor and claim costs from me? They said they intended to apply for a set aside and strike out, and "before they incur the cost of an application" they would be willing to settle all my Claims for the costs that I incurred in bringing them. Basically I just want to finish this for my own health, (even if I have a good chance at succeeding), I would really appreciate if you can put my mind at rest and advise me on the below
  9. My Claim particulars and amounts claimed are below PDF-jpg IBB.CO Image PDF-jpg in safdfsgasd's images album In the recent days I have suffered a huge amount of anxiety dealing with this, my life has been consumed by this threat of an application/possibly paying 1000s in costs... I just want to end it and stop thinking about it all the time. Litigation is too stressful for me. I emailed them several days ago stating "I will accept a settlement agreement with your company if they pay my costs of £188, once paid all matters between us regarding the 3 Claims are agreed to be concluded without further action. Once I receive payment of £188 from your company, I will inform the Court that the Claims are settled." If they pay my costs, does this become a valid settlement agreement, and prevents them from setting aside /strike out my Claims/ CCJs in future? Could you help me out with the technicalities? Also- One reason I think the Claims could fail - The Data Protection Act states that I am entitled to 1. the company to provide a copy of all my data and 2. the company to inform me whether or not they store data on me. My GDPR request 1 year ago simply asked them to provide all the data they store on me. I'm worried for example, that the company could just lie and say they don't store any data on me, then this would invalidate my Claims, since my GDPR request doesn't actually ask them to let me know "whether or not" they store data on me. Although I have an account with them and did a CPR Covid/swab test.
  10. I made a GDPR request to the company 1 year ago I made one 1 Claim against them for breaching their statutory duty due to non disclosure, they didn't respond, I obtained a Judgement in Default CCJ I proceeded to issue 3 further Claims throughout the year, all Judgement in Default CCJs. My PoC mentions for the 3 further Claims I am "claiming from the date of the last judgement" I made a Warrant of Control, then the company first emailed me saying they intended to strike out my claims for abuse of process as I did not send letter of claims (although I did this for each Claim) I informed them that I did send a letter for each claim, then they paid my 1st Claim in full, then they said they intended to set aside and strike out my 3 further claims because they believe they are an abuse of process as the 3 Claims are under the same underlying facts and issues, but before they incur the cost of this application, they are willing to settle my 3 remaining Claims for the costs I incurred which is £188 (£105 for the 3 Claims, and £88 for my Warrant of Control fee) My question is if they pay me £188 for my full costs, with the purpose of settling my 3 further Claims.. Can they make a set aside, strike out applications for my CCJs against them ?
  11. I made 3 claims against a company for the same underlying facts and issues, I obtained 3 Judgement in Default CCJs against them.. They agreed to pay my costs of issuing the 3 Claims, which is £105, in settlement of the 3 Claims. If I agree to settle the 3 claims for just my costs of making the claims, can they in the future make a set aside application under the mandatory grounds and argue my 3 CCJs were an abuse of process, and I would have to pay 1000s in costs for their set aside application? Or is once a Claim "settled", they cannot "set aside" the CCJ as that would result in the Claim being "brought back to life"? Thank you
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