DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

[des8]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

"Beating" (or not) a Part 36 offer has absolutely no consequence in terms of the damages which are assessed in the normal way.

It purely has consequences as to costs.

Suggest you read> Offers to Settle @ PART 36.14 (3)(d)

The COSTS in the title of that section does not refer solely to court costs, but the monetary penalties that can be imposed by the court. These are basically 10% of the amount awarded as damages with a ceiling of £75000

[stevemLS]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Des - you seem to be making it your mission to disagree with me.

However, on this occasion, I beg your pardon. The CPR changed on 31st March last year - whether you regard 10% is being "greatly increased" is another question.

[des8]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Could say it's the other way round

Just trying to improve my knowledge.

[0011728]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Hi des8, decided to email the offer this morning and have had the following response:

"In principle I am happy with this, however there seems to be a prominent reference to buyacar covering your costs, which may just be the structure of the part 36? Can you please confirm your costs and if you are expecting these costs to be covered as well as agreeing to supply the vehicle?"

I just want to be cautious about how I respond to this. How would you suggest I word it? The total monetary claim included my additional incurred costs and I reduced the settlement sum by 10%. in the part 36 offer. As he clearly just wants to supply the vehicle rather than accept a monetary offer do I confirm my full incurred costs of £402.00 including interest from start of claim & the court fee of £205.00 or just the court fee.? If it is both and is a sticking point for the offer I could negotiate a 50% reduction and / or waive the interest to make the offer more acceptable to them.

If as he says he agrees to the terms of the offer in principle but we cannot agree on costs I assume this then goes to court to settle.

Your thoughts would be welcome.

Regards
0011728

[des8]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Hi
The court costs are NOT up for discussion.
The offer is made "without prejudice except as to costs" (i.e. court costs including preaction costs))
If a part 36 offer is accepted within the relevant period the claimant is entitled to the costs of the proceedings up to the date of acceptance on the standard basis.
If you settle inclusive of costs the offer is not in accordance with Part 36 and it is then up to the court's discretion if the costs are included if the offer is rejected

You can negotiate around your expenses of £402.00 as they were expenses incurred because of Buyacars failure to perform the contract, but I understand your offer to settle for the car did not include those expenses. If they are prepared to supply the car, with the additional spec, and this is acceptable to you, I would be inclined to tell them the only costs are your court fees & as per part 36 rules these are non negotiable.I assume you have not incurred other legal fees such as barristers :tinysmile_twink_t2:

Any acceptance must be in writing, and the court must be notified, at which point your action will be stayed until completion by the defendant. If they don't complete you can reopen the case,

[0011728]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

I would just like to say a massive thank you to des8 who has provided me with excellent advice resulting in me getting my car order delivered. I reaaly appreciate all the support you have given to me.

I am just waiting for defendant to confirm settlement of the court costs and I will be one very happy bunny.

Many Thanks,
0011728

[des8]

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

you're welcome
glad it worked out well in the end