Directions questionaire

[TeeDog]

Hi all,

I have had a small claim made against me which is entirely frivolous and frustrating but its what it is. It is a small amount of money but as it's not a fair claim I innicitally decided to defend it. Now I am at the point of about to return the Directions Questionaire, I am not sure I want to bother withthe hassle of a hearing etc and woud prefer to just pay the individual off. There is no info on how I would go aboutt this. If I fail to return the directions questionaire can I be fined?
Can anybody give adive as what to do should i just want to pay the individual? How would I notify the court of it at this stage?

[ostell]

Make an offer to the individual, get proof of posting and see if they accept. Keep it in writing.

if you fail to return the DQ you could very well lose

[EXC]

I take it you have already sent the acknowledgement off indicating that you intend to defend?

You should complete & return the DQ in any event. Then you can either make an open offer to settle (which can be bought to the attention of the court), or a without prejudice offer (which cannot be bought to the attention of the court) directly to the claimant. Best to do an open offer then you can prove to the court if neccesary that you indeed did. You might want to consider offering half the sum claimed initially (I would!) as you could always increase it if rejected.

[TeeDog]

Hi there. Thanks so much for your advice. So I should fill out and return the Directions questionaire as if I am intending to proceed with hearing and attach an offer letter I am also sending to the claimant? Sorry about all the questions!

[TeeDog]

I take it you have already sent the acknowledgement off indicating that you intend to defend?

You should complete & return the DQ in any event. Then you can either make an open offer to settle (which can be bought to the attention of the court), or a without prejudice offer (which cannot be bought to the attention of the court) directly to the claimant. Best to do an open offer then you can prove to the court if neccesary that you indeed did. You might want to consider offering half the sum claimed initially (I would!) as you could always increase it if rejected.

Hi there. Thanks so much for your advice. So I should fill out and return the Directions questionaire as if I am intending to proceed with hearing and attach an offer letter I am also sending to the claimant? Sorry about all the questions!

[EXC]

You need to complete & return the DQ regardless. When you've done that write to the claimant (registered mail or proof of postage) with a letter marked 'Open Offer' with your offer and state that if he accepts he must write to the court to inform them he is discontinuing the claim and to copy you in.

You don't send a copy of your offer to the court.

[TeeDog]

You need to complete & return the DQ regardless. When you've done that write to the claimant (registered mail or proof of postage) with a letter marked 'Open Offer' with your offer and state that if he accepts he must write to the court to inform them he is discontinuing the claim and to copy you in.

You don't send a copy of your offer to the court.

Thank you. That is very clear. Much appreciated.