Legal Question - Blackmail

Here's the background. I was recently involved in a dispute with a large insurance company, the FOS made a recommendation to that company that they honour the claim. The company agreed. The claim will cost said company £12k BUT will take 2-3 months to rectify the issue. I have asked them if they'd agree to a cash settlement, they replied saying "sure, but we're only giving you £10k and we want you to sign an NDA".

now, here's the question. i can expose this company big time, and have a tonne of evidence against them. I also have the ability to reach hundreds of thousands of their potential customers with a bit of facebook advertising, for a couple of hundred quid. So, can i turn around to them and threaten them with this, or is that blackmail?

 

Sounds awfully like money with menaces old bean.  I’d just say to send them a letter stating that while you are grateful for their offer you would like -counter offer-.  Don’t make any threats, they probably know what you have on them.  If you stick to just stating simple facts of a counteroffer you’re doing nothing wrong.

under no circumstances make any kind of threat.  Lol.

Ignore the pussies up above.

Absolutely nothing could go wrong, close this tab and get cutting up those metro copies to put together the note.

now, here's the question. i can expose this company big time, and have a tonne of evidence against them.

You sound like one of those deranged  nutters who traverses Solicitor's offices up and down the High St with a load of papers stuffed into a Tesco bag...surprise

heh, well, i have good reason. this has been dragging on for 9 months!

anyhoo, thanks for advice

If you're entitled to the money but they want an NDA on top they need to pay you more money for your silence, surely?

Why not copy your counter-office to a suitable journalist at a national newspaper? 

Because that would be an incredibly bad idea.

Just do the usual scary “without prejudice” bolllocks on your counter offer and mention as meh said that your signature is worth more than the current offer allows for.  Which is currently nothing and therefore clearly unacceptable.

This sounds like one of those times when I hear my elderly parents threaten to "go to the press" whenever they find out that their insurance premiums are going up or something equally trivial.

Also - heh @ arbiter above.

My mother constantly writes letters of complaint which say they are cc'd to someone at a newspaper.  She never actually copies in the journalist but it ensures a swift response from someone suitably senior who can resolve the issue.

i just replied, thanking him for his generous offer and saying i'll accept the £10k minus the NDA.

Have also said that i've gone through a lot of emotional stress in the last 9 months, and if they want to compensate me for that then £20k would make me more inclined to sign an NDA. 

[i]...Meh09 May 19 16:07

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If you're entitled to the money but they want an NDA on top they need to pay you more money for your silence, surely?[/i]

i tend to agree

Marshall Hall09 May 19 15:56

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now, here's the question. i can expose this company big time, and have a tonne of evidence against them.

You sound like one of those deranged  nutters who traverses Solicitor's offices up and down the High St with a load of papers stuffed into a Tesco bag...surprise

 

I actually came up against one of these nutters who did have his papers stuffed in a Tesco bag!!! He was accusing the judge of bias and was nearly thrown out of the courtroom (he was obviously acting on behalf of himself). Ended up losing and being made a vexatious litigant. 

Without prejudice wording will not help you.  If it's not a genuine offer to settle, wp does not apply.  It's blackmail, pure and simple.  Don't go there.

They owe him £12k

They offered £10k settlement but attached an NDA

How is requiring additional monies within the settlement if it must come with an NDA somehow turning into blackmail?  It’s negotiation over the price of his signature which currently they appear to value at -£2,000.

 

They owe him approx £12k of work to be completed over a 3 month or so period (which quite probably they won't pay £12k for).

He asked them for £10k cash.

They offered £10k but with an NDA.

I don't think Teclis is suggesting mentioning the blackmail stuff in his WP - it is nevertheless pointless as the OP has already won the case so there isn't anything to settle or otherwise to be WP about.  He is just asking for a different form of payment which he can definitely ask for but I'd expect him to be told to fvck off.

Turning around and threatening to go to the press if they don't pay up is attempting to obtain a pecuniary advantage which he is not entitled to.  Presumably the insurers say they will meet the claim (i.e. do whatever works are required which makes it sound as though it's a damage to property type claim rather than a purely financial one).  Instead of doing the work, he's asking for a cash settlement.  They've said ok, but only for 10k and only with an NDA.  Now he's proposing to go back and say "give me 12k and no NDA, or else I splash this all over the press".  which sounds like blackmail to me.

Hmm, it didn’t look to me like there had been an actual case, hence my suggestion of the wp wording and no I was in no way suggesting he put in the dodgy as hell blackmail stuff lol.

 

All a bit moot now if you’ve accepted but you know what, LIPs get away with murder, this was in any event never going to court and given you’re not a lawyer (and therefore not subject to having your collar felt for sharp practice) Id have advised you to fill your boots with inappropriate threats.l and screw what you can out of them. 

There's nothing wrong with saying that you decline their offer, and if they would like to resolve the dispute and require you to enter into NDA obligations you require £[INSERT].

In what world is 12k in 3 months only worth 10k now? They're ripping you off for nearly 2k right there. And not only have they apparently fucked up they're trying to cover it up which has got to be a breach of FCA principles. Tell them to STFU and hand over the cash in full before they make things even worse for themselves. 

Copy the offer to the FOS and state that you regard this as a repudiation of the FOS recommendation and you don’t accept the offer. 

heh

The obligation may not be a cash one. We are a tiny (not insurance) financial services company and get a discount of up to 50% on some of our remediation costs where the obligation on us isn’t a cash one. 

They've had an adverse FOS determination (which they will be reporting and paying for) and he has asked for a cash settlement. That would be a really piss poor way to try and cover something up.