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Not honouring a without prejudice settlement

6 replies

Runnyyolkplease · 16/02/2026 15:50

We’ve had several leaks with a new roof fitted in 2023. Roof and work is under warranty but after the 7th leak late last year the company stopped responding to me. Had no choice but to get a different company to fix the issue and fit a new roof. I was in the process of issuing court proceedings (letter before action sent) when the original company got back in touch claiming my emails had gone to spam and they didn’t know I still had issues. They offered to settle on a without prejudice nature recognising their failure to respond appropriately but taking no responsibility for the actual leak. I accepted on the basis that some money back was better than nothing, and to avoid the hassle of small claims court. The terms of the offer have been met and payment was due last week but the company have ghosted me again, I suspect they are finding any reason not to pay out. Where do I go next? Issue court proceedings for the full amount as per original plan? Do I need to send another letter before claim letter? Any advice appreciated thank you.

OP posts:
Colinisatwat · 16/02/2026 23:57

No advice im afraid but following with interest as im having similar issues with my roof which is still under warranty but the company wont respond.

Gabitule · 17/02/2026 00:21

Issue court proceedings for the full amount owed. No need to issue a new letter before action. They may only admit part of your claim but if it gets to trial the judge can decide what the claim is worth.

Another2Cats · 17/02/2026 09:16

"They offered to settle on a without prejudice nature recognising their failure to respond appropriately but taking no responsibility for the actual leak."

Maybe just send a simple letter like "Following my letter before action, I agreed not to pursue a claim against you if you did X by Y date. You have failed to do this. I will extend the deadline for completing X to Z date and will then commence a court claim against you after that date if you have not completed X."

Collaborate · 17/02/2026 10:15

If you accepted their WP offer then it is no longer WP. You can sue on the agreement/compromise.

Runnyyolkplease · 19/02/2026 19:46

Thanks everyone for messages, I chased this up and they’ve replied today with a whole load of extra conditions that weren’t part of the settlement they put on the table. I’m not entering into more dialogue with them now - I’ve said they pay me by 5pm tomorrow as per the offer or I go to court for the full amount plus costs. I think if it does go to court now they are probably in a weaker position given they’ve not honoured an agreement where I was willing to take less money to just settle it quickly.

OP posts:
Friendlygingercat · 28/02/2026 09:41

In my experience courts like to see that you have been reasonable and attempted to negotiate and mitigate your loss. You have been reasonable and the other party have not kept to the terms they agreed. I would proceed with court action on that basis.

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