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Is it possible to concede and come to a separate agreement?

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  • Is it possible to concede and come to a separate agreement?

    After receiving a CCJ for an unpaid credit debt, I responded with all the advice given in this forum, namely asking for evidence to be provided. The claimant failed to provide this in the given time, but now that I have been given a date to appear in court, they have provided this evidence. Looking at their witness statement and response to my defense, it doesn't look like I'll be winning this.

    My questions are;
    1. At this point, is it too late for me to come to a repayment plan agreement with them? I know this will be the outcome anyway, but it would save me having to take time off work to go to court.
    2. Would it be a sensible idea to call them or would this weaken my claim if I can't back out?
    3. Can the hearing even be cancelled at this point?
    Tags: None

  • #2
    Re: Is it possible to concede and come to a separate agreement?

    Simply put: Yes

    The court encourages that the parties should seek to resolve a matter right up to and including the day of court. If you wish to make an offer of settlement you may write to the claimant (I wouldn't phone as you want to keep things written down) and make your offer, just title the letter "Without Prejudice Save As To Costs."

    It may be worth you posting copies of everything up here with all your personal info removed before you admit defeat though?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Re: Is it possible to concede and come to a separate agreement?

      I think I'll pass. They definitely have all the evidence they need so I'd rather just avoid going to court.

      Thanks for the advice though

      Comment

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