Court Claim issued, Storm Doris now damaged van UPDATE

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

What amount would you suggest Des ?

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Hi again

So I have drafted the following :

************************************************** *****************************

Dear <name>


Without Prejudice Save as to Costs

RE: Claim No: *********
<CLAIMANT> –v- <DEFENDANT T/A ******>


I am in receipt of your email dated 1 September 2017.

Following on from your offer for settlement, the amount you offered of £9,000 is derisory.

Your offer did not reflect the purchase price of the vehicle and my claim for damages up to initiation of court proceedings, which have now increased.

As the vehicle had been rejected on 26^th November 2016 I treated the contract as at an end (CRA2015 Chapter 2 20 (4) and ownership reverted to your Client, <name>.

Your Client, <name> also failed to respond to early suggestions for mediation or ADR.

However, to settle without having to go to court I will accept £x in full and final settlement of my claim, and that the offer remains open until 7th September 2017.

Yours sincerely

************************************************** *******************************************8

1. How does this letter read ?
2. As posted earlier, what suggestion for amount to accept ?
3. Can I also ask that it be paid or is it just accepted ? (don't want to miss out paying hearing fee if this collapses)
4. Do I email this over or letter ?


Many thanks for assistance


** Just thinking about what you said about the offer not being a serious one in eyes of court, can I offer £15,579 and say that I will deduct the wheels/tyres and keep them. Or does that not really work ? The figure is then under £16,155.27 but reduced by me keeping tyres/wheels had to purchase. Just a thought **

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Still sharing access to computer!!

Certainly 1)add that the amount is to be paid in a single amount in the same manner in which the van was purchased within three weeks of acceptance.
2) the offer does not include the replacement wheels and tyres

IMO a fair offer!
email as your giving less than a week, but follow with a hard copy.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks Des. Hope you get your computer sorted frustrating for you.

So the paragraphs to read:

However, to settle without having to go to court I will accept £15,579.00 in full and final settlement of my claim, and that the offer remains open until 7th September 2017.

The amount to be paid in full in one transaction in the same manner as I paid for the van, Faster Payments, within three weeks of acceptance.

This offer does not include the replacement wheels and tyres I had to purchase.

I will await your response.

yours sincerely



Does this his sound ok now?

many thanks Des

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

sounds reasonable to me

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Hi again

Just managing to catch up with my OH on this this morning as he wasn't around when I was thinking figures last night. He's of the opinion just to drop £500 (wheels/tyres were £576) so to offer £15,655.00.

He is also asking me about the three weeks to pay as that would put us a week-ish before trial date and asked me do I still have to pay the hearing fee in case they agree now but don't pay?

I said if they accept now then that is legally binding and he will have to pay.

Nervous as don't want case thrown out for non payment of trial fee but if they agree to settlement don't want the extra expense of paying it if not needed to, to lessen my losses.

Frustrating as yet again they have made me wait to continue negotiations which isn't fair when I need to be paying fees and not knowing where I stand.

What do you think Des?

Thanks


Have to go out now so will check back to see what people think.... Thanks

[ostell]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Just tell them that the money must be in your account by (the day before you have to pay the court fee) otherwise it will be proceeding to court. Repeat the payment details so that the can't argue they don't have it.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks [MENTION=39331]ostell[/MENTION].

Letter:

***********************************

Without Prejudice Save as to Costs

RE: Claim No: *********
<CLAIMANT> –v- <DEFENDANT T/A ******>


I am in receipt of your email dated 1 September 2017.

Following on from your offer for settlement, the amount you offered of £9,000 is derisory.

Your offer did not reflect the purchase price of the vehicle and my claim for damages up to initiation of court proceedings, which have now increased.

As the vehicle had been rejected on 26^th November 2016 I treated the contract as at an end (CRA2015 Chapter 2 20 (4) and ownership reverted to your Client, <name>.

Your Client, <name> also failed to respond to early suggestions for mediation or ADR.

However, to settle without having to go to court I will accept £15,655.00 in full and final settlement of my claim. This offer does not include the replacement wheels and tyres I had to purchase.

The amount to be paid in full in one transaction in the same manner as I paid for the van, Faster Payments, by 10th September 2017.

My bank account details:
Name -
Account Number -
Sort Code -

Should this not be accepted and I do not receive cleared funds by this date this case will proceed to court.

I will await your response.

Yours .....

************************************************** ****************************

Does this read ok now please?

I can email over as a pdf attachment with a notification so I know solicitor has read (which I will print as proof should all this come out in court but presumably from my understanding because they headed everything up WP save as to costs the negotiation letters do not get presented in court?) and also send 1st class proof of postage Monday.

If I can get feedback that you think this is acceptable and reasonable to send please I would appreciate it.

Many thanks

[ostell]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

I think it looks good, precise and to the point. Yes also by post with proof of posting. It gives them a week to get the funds to you.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks ostell, appreciate your comments.

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Hi
Been out all day plus having to borrow OH's ''puter.......

If they agree an offer, it is a binding enforceable contract.
Hence I suggested giving until 7th Sept for agreement.
No agreement and you have time to pay the fees.

I suggested three weeks (or some time limit) on payment, because even if they wanted to agree a figure it could take time to obtain the liquid funds,
If he can't pay by the 10th he won't be able to agree to your offer, whereas he could get funds together over a period.

[ostell]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

I think the OP has been frequently messed about by the opposition that now is the the time to press hard on them and just to let them know it is serious. If they want to agree to the sum but can't raise it within 7 days (as a garage in business I'm sure they would be able to) then they can come back and attempt an agreement.

This time the OP has gone in hard.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Morning everyone

Just a few clarification questions please:

1. Court date 10th Oct. 14 days before need to send supporting documents to court and defendant. I calculate this date being 26th Sept. Send this day 26th special delivery to receive by 27th Sept = 14 days before 10th Oct. Is this correct or should I be sending 25th ?

2. Documents to send -
My WS
OH WS
Shared exhibits for me & OH (lot of crossover and made sense)
Dekra Engineer WS + his 1 Exhibit (being the report) (have permission from court)
Total Costings breakdown + receipts where applicable

The skeleton which Des is helping me with I do not send in ? That is for me to open the discussion in the court trial?

*** Have I missed anything as conscious I have to send in only documents I am allowed to refer to during the trial?


3. A question about my WS. I have not included any letters/emails from his Solicitor which defendant acquired since May as they were all headed up WP save as to Costs. I do leave these out correct?

If left out do I take copies with me should Judge ask me if any negotiations have taken place? I am confused as to what I am allowed or not allowed to say with regards to these letters/emails I have had.

The inspection however as a result of these letters I did however include in my WS but obviously there is no mention as to how we came to do inspection it is just a date that defendant came to inspect and what took place and what was said during his brief time inspecting.


I have been reviewing my WS and Exhibit order to ensure correct spellings and sequence and that sentences read well (boy does this take a lot of hours). Doing final proof again to be absolute sure and then will use these as my master and produce 3 extra copies. (a lot of paperwork so wandering how on earth am I going to post this. Will have to find some cardboard and make a box to put it all in)


I will I am sure have more questions over the coming month but for now posting questions that come up with the prep that I am doing.

Many thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Morning everyone

Just a few clarification questions please:

1. Court date 10th Oct. 14 days before need to send supporting documents to court and defendant. I calculate this date being 26th Sept. Send this day 26th special delivery to receive by 27th Sept = 14 days before 10th Oct. Is this correct or should I be sending 25th ?
On the basis the directions say that documents must be filed and served no later than 14 days before the hearing, those documents need to be with the respected parties by
4.00pm on 27th. You could send them by first class post on Saturday 23rd (CPR 6.26)

2. Documents to send -
My WS
OH WS
Shared exhibits for me & OH (lot of crossover and made sense)
Dekra Engineer WS + his 1 Exhibit (being the report) (have permission from court)
Total Costings breakdown + receipts where applicable

The skeleton which Des is helping me with I do not send in ? That is for me to open the discussion in the court trial?
A skeleton is not normal in small claims cases, but there is such a huge bundle, and the opposing solicitor is doing her best to muddy the waters, and you already have had a sympathetic hearing, so a skeleton summarising the main point of the dispute is being helpful to the court. That will not work against you.
Send copy to court and defendant to arrive about a week before the hearing. As it is not part of your submission it doesn't need to be in 14 days earlier, but you want it on top so the judge might read it before the hearing

*** Have I missed anything as conscious I have to send in only documents I am allowed to refer to during the trial?


3. A question about my WS. I have not included any letters/emails from his Solicitor which defendant acquired since May as they were all headed up WP save as to Costs. I do leave these out correct?Yes

If left out do I take copies with me should Judge ask me if any negotiations have taken place? I am confused as to what I am allowed or not allowed to say with regards to these letters/emails I have had.Take with you Could be useful in any argument for costs

The inspection however as a result of these letters I did however include in my WS but obviously there is no mention as to how we came to do inspection it is just a date that defendant came to inspect and what took place and what was said during his brief time inspecting.


I have been reviewing my WS and Exhibit order to ensure correct spellings and sequence and that sentences read well (boy does this take a lot of hours). Doing final proof again to be absolute sure and then will use these as my master and produce 3 extra copies. (a lot of paperwork so wandering how on earth am I going to post this. Will have to find some cardboard and make a box to put it all in)


I will I am sure have more questions over the coming month but for now posting questions that come up with the prep that I am doing.

Many thanks

It will be fine on the day!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks Des for clarification.

So two weeks tomorrow posting out, will ensure those papers are ready and packaged up.
Will take copies of the letters/emails between me and solicitor on the day.
Will stay positive it will be good on the day, thank you