Hi all,
So I made a WITHOUT PREJUDICE SAVE AS TO COSTS offer to settle an £800 civil claim for £360. This is £60 filing fee and £300. It was meant to read £460. It was a typo.
The other side accepted this offer immediately and sent a section 1 part 36 letter for me to sign. Said letter states:
"Take notice the claimant offers to settle the claim. This offer is intended to have the consequences of section 1 part 36. If the offer is accepted within 21 days of service of this notice the defendant will be liable for the claimants costs in accordance with rule 36.10 of the CPR"
I emailed back apologising and telling them it was a typo and I was only willing to settle for £460.
They responded today:
Email sent to you yesterday did not constitute any Notice of Acceptance from [COMPANY] as Defendant did not received formal Notice of Offer to Settle.
After a casual conversation with Director regarding the latest emails received from [MY EMAIL] (COPY BELOW), he has informed me that Claim has already been allocated a hearing date, so it should follow its course accordingly.
I just emailed back to state I accepted the £360 deal.
I believe that as I have not REJECTED the offer in their letter, I am within my rights to claim the £360 as it is an acceptance made within the 21 days stated in the letter.
Is this correct?
So I made a WITHOUT PREJUDICE SAVE AS TO COSTS offer to settle an £800 civil claim for £360. This is £60 filing fee and £300. It was meant to read £460. It was a typo.
The other side accepted this offer immediately and sent a section 1 part 36 letter for me to sign. Said letter states:
"Take notice the claimant offers to settle the claim. This offer is intended to have the consequences of section 1 part 36. If the offer is accepted within 21 days of service of this notice the defendant will be liable for the claimants costs in accordance with rule 36.10 of the CPR"
I emailed back apologising and telling them it was a typo and I was only willing to settle for £460.
They responded today:
Email sent to you yesterday did not constitute any Notice of Acceptance from [COMPANY] as Defendant did not received formal Notice of Offer to Settle.
After a casual conversation with Director regarding the latest emails received from [MY EMAIL] (COPY BELOW), he has informed me that Claim has already been allocated a hearing date, so it should follow its course accordingly.
I just emailed back to state I accepted the £360 deal.
I believe that as I have not REJECTED the offer in their letter, I am within my rights to claim the £360 as it is an acceptance made within the 21 days stated in the letter.
Is this correct?
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