Small claim

[Jimdon]

hi all, I have been issued a court form and have filed a defence, my defence is solid but it is taking up so much of my time that to be hounest id rather just have done with it, the amount claimed isn’t a great deal so am I able to settle this before it goes any further and if so how should it be done?

[jaguarsuk]

hi all, I have been issued a court form and have filed a defence, my defence is solid but it is taking up so much of my time that to be hounest id rather just have done with it, the amount claimed isn’t a great deal so am I able to settle this before it goes any further and if so how should it be done?

You would need to contact the Claimant and negotiate a settlement. Any offer should be headed "Without Prejudice" though and you want them to confirm that it is "Full and Final Settlement of Claim Number XXXXXXXX."

Is it an individual, company or debt purchaser? If you belieive you have a solid defence it just seems a little strange wanting to settle.

[Jimdon]

It is a parking company, the reason I’m considering settling is that the claim is for less than a days wages for me, it’s taking up a hell of a lot of my time and is causing me stress, if they should accept a settlement offer, or even if I paid in full, what would happen in regards to the court proceedings? as a defence has already been filed. Thanks

[jaguarsuk]

It is a parking company, the reason I’m considering settling is that the claim is for less than a days wages for me, it’s taking up a hell of a lot of my time and is causing me stress, if they should accept a settlement offer, or even if I paid in full, what would happen in regards to the court proceedings? as a defence has already been filed. Thanks

They should file a notice of discontinuance with the court and then the court will send you an order confirming the proceedings have been discontinued.

If you make them an offer tell them that you'd like to consider settling as it's time consuming and court will mean taking a day off work, then offer them 50% in Full and Final Settlement.

As I said though, head the offer "Without Prejudice" as they are under no obligation to accept it and his protects your position legally. They will probably counter with a higher amount, but potentially less than the full claim.

[Jimdon]

Thanks, if they accepted my offer, or I paid in full, would I get a ccj on my credit file?

[glendale]

Thanks, if they accepted my offer, or I paid in full, would I get a ccj on my credit file?

No m8 .

[Jimdon]

If the offer is accepted should I pay before they discontinue or wait until they have discontinued or confirm that they will discontinue? Sorry this is all very new to me

[jaguarsuk]

If the offer is accepted should I pay before they discontinue or wait until they have discontinued or confirm that they will discontinue? Sorry this is all very new to me

You need to get in writing the amount agreed, that it is "Full and Final Settlement of Claim No: XXXXXXX" and that they confirm they will discontinue.

If for any reason they don't (admin errors happen) you have the evidence to show the claim settled.

If you agree to settle in the way you will not have a CCJ.