COT3 clause/consumer rights

[james_needhelp]

Hi

I need some urgent legal advice. I can't afford solicitor's fees.

 

I had filed an employment tribunal claim against my previous employer which I withdrew few days before hearing.

Respondent had been sending threatening letters for cost of almost £30k and I panicked and asked ACAS for settlement under duress.

I had made application to ET to reject cost application but they didn't respond.

 

It was "drop hands" COT3 agreement (no payment but no cost demand).

I didn't get any legal advise as all happened in less than 2 days time.

 

COT3 is signed and sent to tribunal and claim withdrawn.

Clauses in agreement prohibits me from making any damaging comments about respondent except as a consumer and in good faith. And it also mentions that I will pay for damages and legal fees in case I breach the agreement.

 

There had been huge outrage among consumers about poor customer service of respondent and I joined one such forum and made number of comments about poor customer service. My comments are in much lighter vein other members of that group with many using abusive language about respondent as many have lost money.

 

I have now received cease and desist letter from respondent.

Language is threatening and says I should stop making such comments as it is damaging their reputation.

 

Letter says

a) I agreed to pay for damages and legal fees for such damages

b) they will take further legal action

c) I can make comments only as consumer who 'purchased' goods and in good faith

d) my allegations are false

e) they will seek immediate injunction if i continue making comments

f) I should sign a letter that I will not make any more comments and move on etc.

I know this is these are their first stage tactics to gag me.

 

I want to know

1) What are my legal rights as consumer and freedom of expression in this case.

What sort of comments I can make and what I can't.

Can I talk about referring to journalist/newspapers, petition, ASA, trading standards , ICO, IPSO etc and ask others to do same ?

 

2) What could happen if it gets further escalated

3) How strong/weak is my position? Does settlement agreement clauses about making comments matter even though there are hundreds of others making more serious comments?

 

4) Legal procedure for them to take further action and how much of that will be public domain and whether merits of my comments about customer service could be debated based on other consumer's experiences.

Could it turn into public trial for poor customer services of respondent or court wouldn't even let those points discuss.

 

5) what should i do?

6) Can I approach to employment tribunal for anything like invalidate settlement agreement or any clause, appeal etc.

I didn't get any financial settlement but now I am worse off than normal public.

[BankFodder]

I'm terribly sorry but you posted a very long of text and it's very difficult to read on the screen and it will discourage people from giving the help that you need.

Please will you edit it or repost and present it properly spaced and punctuated.

Thank you

[dx100uk]

done for you

 

dx

 

[BankFodder]

Okay – my site team colleague – Mr nice guy @dx100uk has done the editing for you.

I understand that you may not want to publish who you are dealing with in public – please would you email us at our admin email address and let us know who it is. This will be treated completely confidentially but it may help us in the advice we give you

[dx100uk]

we don't delete threads re your report

 

sadly you need to be have patience 

 

its only been 36hrs and most probably our experts don't return to work until tomorrow.

don't forget this is a volunteer forum too..

 

[james_needhelp]

Yes, but I don't want to send email to admin as per suggestion here "please would you email us at our admin email address and let us know who it is." I can't unfortunately.

[dx100uk]

then thats not an issue.

 

admin would not be telling anyone anyway even if they did start to advise without your permission.

 

 

[james_needhelp]

expecting civil replies instead of using adjectives and verbs like "shut up"

[honeybee13]

I don't see anyone telling you to shut up, James. 

 

HB

[james_needhelp]

No, I asked similar question on some other website and all I got was adjectives , phrases and things like 'you should shut up and move on', don't dig while you are in hole etc.

 

Such things doesn't help but only makes you more defensive.

This thread hasn't got any responses yet, so it is not for this thread.

[Emmzzi]

Hello,

 

I have read the thread on the other board and, sorry to say, agree with the answers.  However, I only know HR, and not specialist commercial  law.

 

I would see it as a breach of our agreement and seek to make you stop/ repay any funds we had given in settlement. I have certainly done that before, and been successful. The general "we will not speak ill of each other" type of clause needs to go both ways. You would not be keen if they posted on message boards saying you were uncooperative/ awkward etc, even though in their eyes this would be true.

 

I think you really will need to pay for a specialist lawyer if you are determined to find a way to keep the money, and keep complaining.

Edited September 21, 2020 by Emmzzi

[james_needhelp]

There is no money to pay.

It was drop hands settlement.

 

I had a valid claim but couldn't afford solicitor fees.

Respondent never gave any offer and used 2 different law firms and racked up bills (including expected fees) of £30k.

 

They were sending emails that I should withdraw claim or they will seeks costs.

I withdrew claim out of distress.

 

I asked ACAS that defamation cause should only be related to employment related and not as normal customer.

But this is what I got and I had no option but to agree. 

 

About respondent

- there is some online forum with bit less than thousand users.

Many people have lost lots of money because this company doesn't respond to emails and there is no telephone contact. Savings are exaggerated.

 

They didn't notice my comments as everyone is making comments, until I talked about ASA.

Half of my comments are about explaining procedure to buyers on how to get money back but they have not mentioned those.

 

I am looking for some specific answers like -

Does complaining to ASA, Trading Standard etc come under whistleblowing and can't come under any agreement.

 

For losses - doesn't it first need to be established that loss occurred and reasons for that.

 

[Emmzzi]

Here is information on what constitutes whistle blowing What you describe sounds like civil, not criminal, lawbreaking so likely would not count. But a lawyer who knew the detail could advise more fully.

 

https://www.gov.uk/whistleblowing