Settlement for part 8 tenancy deposit compensation claim

[sally1111]

Hi All,

Really helped when I was filing my case.

Finally reached a settlement with the defendant (instructed through their solicitor). I'm happy to accept their offer but want to make sure I do so correctly.

Am I correct that in this case their solicitors should be sending an offer to settle (part 36)
https://assets.publishing.service.go.../n242a-eng.pdf

I want to ensure that I don't accept the offer and still find myself liable for the defendants costs (their solicitors fees I'm guessing) which is what I gathered would happen if I filed a discontinuance of claim after receiving the settlement.
https://assets.publishing.service.go...c/n279-eng.pdf

TIA

[atticus]

You should aim to have a written agreement that states all agreed terms and includes that you will discontinue the claim and the defendant will not seek payment of costs. The agreement should be signed by you and the defendant, or the defendant's solicitor on his behalf.

It sounds like this is outside the ambit of CPR Part 36, so the answer to that question is no.

Well done on getting your case to this stage. It looks as if your claim form has had the desired effect.

[sally1111]

You should aim to have a written agreement that states all agreed terms and includes that you will discontinue the claim and the defendant will not seek payment of costs. The agreement should be signed by you and the defendant, or the defendant's solicitor on his behalf.

It sounds like this is outside the ambit of CPR Part 36, so the answer to that question is no.

Well done on getting your case to this stage. It looks as if your claim form has had the desired effect.

Thank you, it did. Thanks for the clarification I saw that there were exemptions to CPR Part 36. I've already requested for the offer to be sent in a more formalised matter so I will make sure the terms are ironed out.

Thanks!

[atticus]

NB your agreed terms should include a date by which the agreed payment is to be made. I suggest wording that the defendant should pay £[amount] by bank transfer into your account [give details] no later than close of business on [date].

[sally1111]

Thank you, it did. Thanks for the clarification I saw that there were exemptions to CPR Part 36. I've already requested for the offer to be sent in a more formalised matter so I will make sure the terms are ironed out.

Thanks!

Hi,

Yes this was included in the agreement. Along with a clause on costs so I won't be liable.

Thanks!

[sally1111]

Another simple question. When filling the Form 279 it offers various options to fill e.g claimant or defendant. When selecting claimant do I simple strikethrough the other options or do I circle my options?

[atticus]

Cross out all that do not apply.

[sally1111]

Another simple question. When filling the Form 279 it offers various options to fill e.g claimant or defendant. When selecting claimant do I simple strikethrough the other options or do I circle my options?

Thank you!