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Long running Case - Without Prejudice Save as to Costs Offer

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  • Long running Case - Without Prejudice Save as to Costs Offer

    I have had a long running issue with a supplier going back 5 years. I owe one amount they say another. I have received documents from the court and have sent back a part admission.
    All thoughout this case I can wait up to 12 months before any reply to my questions asking for copy invoices etc.

    In the case of the part admission which i submitted in October the claimant's Solicitor have now written to me with an offer close to my original offer. They have claimed £2368, I have admitted 675.25 and they have asked for £800 plus £185.00 by way of fixed costs.

    I would like to accept this to bring the matter to an end but am worried about the Without Prejudice Save as to costs. Can they come back at me later for any costs or is this the end of the matter
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  • #2
    If you agree with the £800 plus £185 offer you can accept and the claim should be discontinued as soon as you have paid - you want that in writing before making payment. Ensure their offer is inclusive of the partial admittance you entered, and not as well as.*

    Will you be paying in full ? Ensure that if the claim does go to a judgment on your part admission you pay that within 30 days*

    *The 'save as to Costs' part is for if you turned down the offer and it carried on to court and they were awarded a higher figure than the offer, they could use the offer letter to show court to assist in their claim for costs ( although this is small claims track it is unlikely to make much difference as only minimal costs are applicable )
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    • #3
      Originally posted by Amethyst View Post
      If you agree with the £800 plus £185 offer you can accept and the claim should be discontinued as soon as you have paid - you want that in writing before making payment. Ensure their offer is inclusive of the partial admittance you entered, and not as well as.

      Will you be paying in full ? Ensure that if the claim does go to a judgment on your part admission you pay that within 30 days

      The 'save as to Costs' part is for if you turned down the offer and it carried on to court and they were awarded a higher figure than the offer, they could use the offer letter to show court to assist in their claim for costs ( although this is small claims track it is unlikely to make much difference as only minimal costs are applicable )
      Thank you for the response. yes I will be paying in full.* I will write back along the lines of -

      I accept your offer of the total sum £985.00 as full and final settlement of this claim.

      £800.00 (Which is inclusive of interest, compensation and our part admission) and
      £185 by way of fixed costs.

      Please can you also confirm that the claim will be discontinued once you have recieved payment from us

      Steven

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