When can you start a claim?

[Skell]

I have a breach of contract and professional negligence claim which I'd like to file, I just don't know when it is advisable to do that. I have sent a Letter Before Action, and although the company has not accepted liability they have offered a settlement amount (approx 25% value of the claim). They say the offer is on a commercial basis (I guess to keep their reputation intact). They also state they want the details of the settlement to be confidential. I know you have to show attempts to settle out of court but I feel they are just playing games. When can I file a claim or do I have to wait 6 months of negotiations as mentioned in the pre-action protocol? Is it OK to refuse a settlement offer on the grounds of not accepting confidentiality agreements or wanting admittance of liability, even if ultimately they offer the full amount?

[efpom]

Which protocol is in play?

[Skell]

I'm being guided by the pre-action protocol for professional negligence, am I right to do this? Is there a different protocol for breach of contract which I could use which could speed things along? This is all a minefield to me and I'm trying to keep costs low and not turn to solicitors (as I thought was the idea for small claims) but I also don't want to do any mis-step

[Tori3101]

Hi i recieved a county court judgement through today and don't know what it is for, it must be older than 6 years.
I rang the court to say i want to appeal it and said i need to fill in a N244 form which would cost me over £200 and the claim is for £800.
Anyone gpt any advice please on the best way through this?
Thanks in advance
Tori

[Celestine]

Hi Tori - Could you start your own thread in the court claims section please and then you'll get help just for your issue.

[efpom]

Questions:
Was the contract a business to business contract, or a business to consumer contract, where you are the consumer?
Do you claim that the negligence occurred because the defendant did not carry the contract works with reasonable care and skill?

[Skell]

It's consumer to business and yes I claim the negligence occurred due to them not using reasonable care and skill. In my letter before action I cited the Consumer Rights Act 2015 which states services must be provided with reasonable care and skill. I then went on to detail why I felt this way with photos as evidence. The business has replied but overlooked my claim, just saying they dispute some of my assertions but gives no details as to which ones or how they're disputed, or they don't give any account of their side of the dispute.

[efpom]

What is is the professional skill of the entity that you contracted with? It would be useful if you posted up a redaacted copy of your letter of claim.

[Skell]

It's a memorial mason, contracted to install a grave memorial with surround which I provided from a third party. The contract was to install the 'as supplied' memorial, however they installed it then coated it in oil. I suspect the oil was an error but they haven't admitted this or given an explanation. They then used tools to remove the oil but this left the memorial covered in scratches whilst also removing the original finish to the memorial which was provided by the manufacturer. I really appreciate your help in this.