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strange legal doc I have been asked to sign


Ms-Pacman
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Guest louis wu

depending on the situation, you may well be in it. You will need to give some more details before we can point you in the right direction.

 

louis

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I have bought an item from someone second hand, they cashed my money and didn't bring the item to me. I have now recevied a strange doc of them which they say when I sign it I will get my money back but am concerned by some of the wording.

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THIS AGREEMENT is made on the (DATE)

BETWEEN:

 

(1)

 

(2) xxxx

 

WHEREAS:

 

(1) The Parties now wish to settle any and all actual and potential claims, defences, counterclaims, disputes and matters between them howsoever arising, whether actual, contingent, past, present or in the future and whether or not presently known to, or recognised by law, including, but not limited to, interest, costs, fees and expenses under or out of or in connection with the matters referred to in Recitals 1 to 2 above (the "Claims") and wish to do so upon the following terms.

 

IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

 

The Settlement

(a) Mr xxxx shall pay direct to ……………………., by cheque, the sum of £xx.xx (the "Settlement Sum" for item (description) within 30 days of the date of receipt of this signed Agreement in full and final settlement of any sums due in respect of the Claims. This is a Contractual Condition of this settlement and the Settlement is in line with the Distance Selling Regulations Act. The seller ( xxxx) reserves the right to place a stop on the cheque or delay payment if the Settlement Agreement correctly executed and not returned prior to the presentation of the refund.

 

(b) The Parties shall each pay their own legal costs incurred in relation to the Claims

 

and the negotiation and production of this Agreement.

 

Mutual Release

Pending receipt of the Settlement Sum and clearance of these funds in …………………… bank account, the Parties shall from the date of this Agreement refrain from taking any steps against each other in respect of or in connection with the Claims.

Once payment of the Settlement Sum is received by ………………… in full, such payment shall be received in full and final settlement of the Claims between xxxx and …………………………………..the Parties shall thereupon have released and discharged each other from the claims.

 

This Agreement supersedes the terms of all previous agreements between the Parties whether in respect of the matters the subject of the Claims or otherwise.

The terms of this Agreement shall have immediate effect upon signature hereof. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party to this Agreement may enter into this Agreement by executing any such counterpart.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute or difference arising out of or in connection with it shall be subject to the exclusive jurisdiction of the English Courts.

The terms of this Agreement constitute the entire agreement between the Parties.

The terms of this Agreement and the existence of this Agreement shall remain strictly private and confidential to the Parties and their legal advisors and none of them shall disclose the contents of this Agreement, save as expressly provided for herein, without the prior written consent of the other party, except that the Parties may disclose the existence, subject matter and content of this Agreement to their professional advisors or if required to do so by law.

 

 

 

SIGNED

 

……………………………………………………….

 

 

 

 

………………………………………………………..

 

 

……………………………………………………………..

 

 

Dated this day the (date)

 

 

WITNESSED IN THE PRESENCE OF :

 

Name: ……………………………………….

 

Solicitors Name: …………………………

 

Firm: ………………………………………..

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This looks like a Tomlin Order . .. Does it say that on the top anywhere?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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what with no values? LOL he is having a laugh, Dont sign it at least until there are values and dates in there otherwise he could just put in 0.01p and 2056.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Guest louis wu
The Settlement

(a) Mr xxxx shall pay direct to ……………………., by cheque, the sum of £xx.xx (the "Settlement Sum" for item (description) within 30 days of the date of receipt of this signed Agreement in full and final settlement of any sums due in respect of the Claims.

 

I think they are here

 

I still wouldn't sign it though (at least not yet)

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it does have values and dates and description of item - I blanked them out when pasted! Everything else is the same

 

LOL I was having a blonde moment ;)

 

it is a high value item?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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what on earth does this mean?

The seller ( xxxx) reserves the right to place a stop on the cheque or delay payment if the Settlement Agreement correctly executed and not returned prior to the presentation of the refund.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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That is seconded. The first sentence makes the form invalid anyway and a court would not allow it.

 

What are the circumstances of this purchase? Was it bought from a private individual or is it a business? It sounds like a bit of a [problem] to me.

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I take it you have his name and address? If so write to him/her demanding the goods or refund (dont use that form!) otherwise court action will be taken. This form sent to you is just a nonsense.

 

It may be worth checking out the address to see if it is a house or business premesis. If it looks like a busines premesis, then call Trading Standards (or Consumer Direct)

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The address I was given is false, the telephone is for some old dear who can't even understand what I say shes so deaf. It was sent to me and all contact has been via email.

I have the bank account details with sort code and name but no address which the bank won't give to me - (understandable but not helping!)

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