Would this be a good idea ?? .....

[Brianp123]

Hi All,

Background: I am taking legal action against a local retailer and we now have our court date.
The retailer has agreed the problem and offered £900 against my claim of £1,100
During mediation I offered to "split the difference" but we could not agree.

I am now in the situation of having to pay a court fee of £115 and effectively would have been better-off agreeing to their offer (I am sure that they know this!)

Anyway .... I was thinking of writing to them confirming the court date and mentioning that I am surprised they are going to court as they will get a CCJ - at which point I will post factual reviews on social media etc. informing potential customers that they supplied me with faulty goods and we had to go to court in order agree a settlement.

I am just frustrated by the whole process - I want to do something, but not sure that this would be a good idea.

What do others think? - or is their a more standard way of possibly doing this?

Many thanks for any help.

[Amethyst]

This bit

at which point I will post factual reviews on social media etc. informing potential customers that they supplied me with faulty goods and we had to go to court in order agree a settlement.

is not a good idea to put in a negotiation letter, so don't.

Don't be suprised if they continue to defend the claim on the grounds in their defence. Sometimes they will offer settlement at mediation to save themselves the hassle and expense of a court hearing - not necessarily because they will lose in court, so don't get over confident and treat the court process as though that mediation conversation didn't happen.

What was the retailers justification for only offering £900 during mediation ? Your claim was for £1100 including your court fee, and statutory interest ?

What date is your hearing fee due to be paid ?

Then do you have an order to exchange witness statements and documents?

[Brianp123]

Many thanks - I didn’t think it would be advisable, I am just frustrated.

they have admitted that the goods were faulty, we are just differing on our amounts due to fees and “fair usage” of the goods

the court fee is actually payable by the end of this week so not much time to do anything.

[R0b]

Just because you weren't able to agree a settlement at mediation doesn't mean you cannot continue to make a fresh offer of settlement. You could, either today or within the next 24 hours, write (or email if you have a direct email to contact) to the retailer and offer to settle.

You could suggest that neither of you are that far apart and you think that an agreement could be made before the court fee is due on X date otherwise, since the retailer has already admitted fault, there is no dispute and so any court fees would nonetheless be recoverable due to that admission by virtue of CPR 27.14. On that basis, it is in the interests of both sides to come to seek an out of court settlement to avoid further unnecessary costs.

If you do make an offer to settle, you should make it clear that if no settlement is reached before (for example) 12pm on the day that the court fee is due, then your offer is automatically revoked and you will pursue your claim in full and including all costs incurred such as court fees and travel expenses.

[Brianp123]

Thanks again.

sorry, I am not sure what you mean regarding costs - as the other party has admitted the fault, does that mean I am able to recover the court fees from them?

the big sticking point is that the faulty goods are a carpet and they want to pay after removing the carpet however I cannot be left without a carpet as I have very young children and need the money first in order to buy another carpet! (At mediation it was suggested that they pay and then give me 3 months to get a new carpet, but they would not agree to this - this seemed more important to them that the money).

[R0b]

The general rule is that a successful party is entitled to their costs but in small claims this is limited costs although it does include application fees. So if you have to pay these fees then you should, in theory be entitled to those costs because they have admitted fault. It does seem unreasonable for them to require you to return the carpet and expect to live without one until they get round to paying you (judging by most retailers these days is not the fastest time) and then having to find one after that.

If you didn't have young children I would probably say it was more of a reasonable request but I think it would be fair that having young children changes the circumstances, particularly if there are nails or other potentially hazardous things sticking out from the floor.

Ultimately it is for a judge to decide on the cost awarded and whether their offer was reasonable, though you are not allowed refer to any offers until the judge has given their decision and then you can use that as a tool to argue your court fees and expenses for the day, if any.

Have you consider offering to return the carpet within 1 month, is that a reasonable compromise to you?

[Brianp123]

Thanks Rob.

the mediation was in January so I needed time to financially get over Christmas etc. Which is why I suggested 3 months.

One month would be a compromise, but I am genuinely worried that they would not collect the old carpet whenever agreed and I would be left with this to pull up and dispose of myself when in reality the new carpet fitters would otherwise just take it with them.

I just have no trust in this company whatsoever and wouldn’t trust them to do what is agreed.