Settlement?

[andrew2332]

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?

[Amethyst]

Re: Settlement?

You are the claimant? (sorry, just checking)

[andrew2332]

Re: Settlement?

A-huh lol

[andrew2332]

Re: Settlement?

Yes.

[Amethyst]

Re: Settlement?

Ok, why are you settling for £360 on an £800 claim. Of course that is up to you, I have no idea about the ins and outs of your case.

The letter they have sent you sounds like a 'template' for you to make a part 36 offer to them as your offer wasn't made under part 36 and they wanted it to be so that if they turned down your offer and went on to win the case you would be liable for full costs. They haven't made an offer to settle, they are trying to get you to make an offer to settle under part 36.

Might be easier if you can post up the full letter/email.

[andrew2332]

Re: Settlement?

So they had no intention of settling?

The rest of the letter reads:

The offer is:

To pay a single sum of money of £366 to be paid into [MY NAME]'s account by the 5th May 2015. Bank account details as follows:

And then my signature.

- - - Updated - - -

This was the email accompanying the letter:

"Without prejudice except as to costs
If you still wish to settle the claim for a single sum of £360 please complete the attached draft letter for [COMPANY] to receive Notice. Please send it Special Delivery to our offices, we have included an extra £6.20 settlement to cover your Royal Mail Special Delivery Cost."

[Amethyst]

Re: Settlement?

They may have intended to settle, but it is a little dodgy to be sending a template for you to make a part 36 offer when you didn't intend to originally. [MENTION=551]pt2537[/MENTION] might have a better idea if this is ''normal'' ... I don't think so though.

Do you have a good case?

[Amethyst]

Re: Settlement?

HEre's a 'quick guide' from Ashursts - April 2015 so should account for recent changes to part 36 offers.

[andrew2332]

Re: Settlement?

I paid £1000 for foreign currency by mail order. It was insured. The envelope turned up and when I opened it a few weeks later (when I went on holiday) it was missing £800 of currency. The envelope was always in my possession and was never with anybody else. The envelope had also not been opened prior.

They told me that they kept recordings for 30 days, and had reviewed the footage, and would send me a copy of the recording. Then changed this later on stating it was only 5 days. this is after telling me twenty days after the envelope was sent that they reviewed this footage. This recording was never kept, according to them.

I recorded all phonecalls and even if I cannot submit these recordings, I intend to state exactly what they told me in my witness statement.

It's dodgy on their part, for sure - absolutely no hard proof exists they actually put this money in my envelope. They just have 'records' showing no money discrepancies at the end of the day.

[Amethyst]

Re: Settlement?

Can you claim from the insurance?

Why offer to settle for 50% of your loss ?

[nemesis45]

Re: Settlement?

They may have intended to settle, but it is a little dodgy to be sending a template for you to make a part 36 offer when you didn't intend to originally. @pt2537 might have a better idea if this is ''normal'' ... I don't think so though.

Do you have a good case?

Defendant leading the claimant " towards" a part 36 offer is not something I would trust, especially as the claimant intended a larger sum to be considered.
I also fined it troubling that the claimant is agreeing to £360 on a claim for £800.

nem

[andrew2332]

Re: Settlement?

I cannot attend the trial - date was set yesterday. I will be out of the country and am forced to ask for the case to be decided in my absence

[andrew2332]

Re: Settlement?

Okay, so my email does not constitute acceptance? Only a signed form does?

[Amethyst]

Re: Settlement?

They haven't made an offer to you, you are making an offer to them, they have tried to make you make an offer under specific terms, which you do not wish to do, therefore there is no offer IMO.

With regards to you getting the date for the hearing and you being out of the country, call the court and ask them what you should do to adjourn the hearing - you should have had directions questionniares wher eyou could stte when you would be unavailable - of course things come up, best you can do is to discuss that with the court - you will probably have to put it in writing but ring them first. It is of course always best to appear to argue your case if you can, if you can't then ensure your witness statements, exhibits and skeleton arguments are before the judge in very good time ( usually 14 days prior)

[mystery1]

Re: Settlement?

Part 36 does not apply to small claims.


http://www.justice.gov.uk/courts/pro...es/part27#27.9

Non-attendance of parties at a final hearing

27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out^(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

You can make transcripts of the calls to submit as evidence.

M1