Am I putting myself at unnecessary risk?

[Girl Friday]

Hi

I hope someone can give me some advice please.

I took out a small claim for £10k and today the defendant offered to pay me this to settle out of court. I emailed to confirm my acceptance but he has now told me that before he is prepared to pay I must write to the court to tell them I intend to settle the claim for that amount with a copy to him and only then will he pay me. I am concerned I might be putting my self at risk of closing my claim with the court and get nothing from the defendant. Is there a danger of this?

I look forward to any advice you can offer me.

[Leaf]

Hi - you need him to sign a consent order which is then filed with the court. Pretty easy to draft and makes it clear what the terms of settlement are.

[Girl Friday]

I thank you for your advice.

[Leaf]

Let me know if you need a template

[Girl Friday]

Hi again

Once again thank you for your help to date.

I wrote to the defendant suggesting that we draft and sign a consent order showing our agreement or, alternatively, if the claim was settled I would simply write to the court to advise them of the settlement. I have heard nothing further from him. In theory the hearing is due in about two weeks time but I am now waiting on further advices from the court on how it will be dealt with due to the virus.

It has occurred to me that I have the email stating he wishes to settle to avoid court and asking if I will agree to the sum proposed whereupon he will release the payment. I also have my acceptance of the offer.

Would there be any benefit to me sending this correspondence to the court to show them that an agreement was reached but reneged on and asking the court to draft an order in accordance with the agreement adding on costs, thus avoiding a hearing? Or, should I draw the judge's attention to the agreement at the start of the hearing to save time?

The defendant has been a nightmare and to date he has still not sent a witness statement to me or the court. I bought this issue to the attention of the court a couple of weeks ago.

[ostell]

Has he put "without prejudice" in the email

[Girl Friday]

Hi

Thanks for responding. No , there is no mention of 'without prejudice'.

[Girl Friday]

Can anyone help?

[pt2537]

Hi there

Personally i would draft a WP letter to the other side along with a consent order, give them 7 days to sign and return the order otherwise you will proceed with the case. There will be a court fee of £100 to pay for a consent order just so youre aware.

if he is messing you around then be careful you dont end up missing court deadlines or being unprepared for the hearing.

[Girl Friday]

Thanks for your help. Are you saying that he should return it directly to the court rather than via me and in the meantime should I be signing a copy of the consent order myself and sending it into the court? The hearing is paid for and I am now awaiting for new instructions from the court as to how it will proceed but I shall make sure that I am ready for the hearing if things do not turn out as hoped.

[pt2537]

No thats not what im saying, i can understand the confusion though, i should have been clearer on my post above.


Ok so you send him a consent order, he signs it and returns it to you, you then file at Court, the fee is £100 for a consent order.

OR you could do it the other way, you sign the order, send to him, ask him to sign and send to the Court. I prefer the first option because you know its been sent to the Court.

Until the case is settled however and a consent order is signed by both parties and sent to the Court you must proceed as if the hearing will take place.

[Girl Friday]

Thanks for clarifying.