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Letter Before Action sent - Is settlement offer acceptable?

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  • Letter Before Action sent - Is settlement offer acceptable?

    Hi,
    Our first Letter Before Action got no response. We then paid for an expert witness to do a report, and then sent a second Letter Before Action (with the additional cost for the report), and the expert witness' report.

    The company has now made an offer to settle the full amount. Great!!! But there is no mention of when the amount will be paid ... and trust is an issue with this company (it has been a nightmare getting here).

    Should I only accept on condition of payment within X days? What is a safe way to accept this offer?

    Thank you
    .
    -------------------

    Redacted response to our Letter Before Action is:


    Dear *** *******,

    Thank you for supplying a copy of the Independent Witness Report.

    To bring the matter to a close I would like to offer as a goodwill gesture to make payment to you of
    £*****.**.

    This offer is in full and final settlement of any claim against ********************* Ltd.

    This offer will remain open for you to accept until 13.05.19.

    Please confirm your acceptance of this offer by the above date enclosing your bank details in order that
    I can make a direct bank transfer to you.

    Please note that I will be on annual leave until Monday 13 th May so will respond to any reply you send
    on that date.

    Yours sincerely,
    ***** *********
    Director
    Tags: None

  • #2
    If the offer is acceptable to you then yes accept on the condition that cleared funds will be in your account by 4:00 pm on xxxxxxx. Failure will mean that a claim WILL be issued, with all the additional costs. Give them a week after that 13th May date and make sure your response is there before the 13th, even though he is on holiday. Certificate of Posting from a Post Office when you send that acceptance.

    The letter doesn't appear to have "Without Prejudice" on it so you should be able to present it to the court if it get that far.

    Comment

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