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Hello,
I sent a pre-action letter about 6 months ago complaining of CCA unfair relationship and giving a 30 day deadline to refund money owed to me by my opponents.
Due to other problems I have not had time to start proceedings but want to ASAP.
In terms of ADR, I have exhausted the complaints process of both opponents and written several times for my refund.
I have not used an Ombudsman nor any mediation or other proper ADR.
My opponent has promised to block any ombudsman complaint as it is now out of time.
I wish to make sure I avoid adverse costs for not using ADR but I cannot afford mediation.
I intend to make a genuine offer to settle for part of the money owed and if they reject my offer, I will start proceedings at once but tick the free mediation box hoping it will be small claims track.
Q1. Does a written offer count as ADR?
Have I done enough ADR to avoid costs sanctions?
Q2. What time is enough as a deadline for my offer? Is 14 days too short?
I have already left it for months since the preaction letter but both opponents are slow to reply to my letters.
Q3. Over the six months, there have been 2 further breaches of GDPR, do I need a new pre-action letter for these to be admissible for my overall claim?
The two GDPR breaches are evidence to support my claim that I am being treated unfairly but I was not planning to enforce those per se as I want to keep the matter simple enough to be a small claim.
I sent a pre-action letter about 6 months ago complaining of CCA unfair relationship and giving a 30 day deadline to refund money owed to me by my opponents.
Due to other problems I have not had time to start proceedings but want to ASAP.
In terms of ADR, I have exhausted the complaints process of both opponents and written several times for my refund.
I have not used an Ombudsman nor any mediation or other proper ADR.
My opponent has promised to block any ombudsman complaint as it is now out of time.
I wish to make sure I avoid adverse costs for not using ADR but I cannot afford mediation.
I intend to make a genuine offer to settle for part of the money owed and if they reject my offer, I will start proceedings at once but tick the free mediation box hoping it will be small claims track.
Q1. Does a written offer count as ADR?
Have I done enough ADR to avoid costs sanctions?
Q2. What time is enough as a deadline for my offer? Is 14 days too short?
I have already left it for months since the preaction letter but both opponents are slow to reply to my letters.
Q3. Over the six months, there have been 2 further breaches of GDPR, do I need a new pre-action letter for these to be admissible for my overall claim?
The two GDPR breaches are evidence to support my claim that I am being treated unfairly but I was not planning to enforce those per se as I want to keep the matter simple enough to be a small claim.
