Fast Track - Standard Disclosure of Documents

[Pezza54]

Please read CPR 42.2 Change of solicitor - duty to give notice
42.2 (1)(c)
42.2 (2)(a) and (b)

In short the defendant or his solicitor must file notice of the change of solicitor or if the defendant wants to continue representing himself and serve notice on yourself

42.2 (3) The notice must state the party's new address for service

If the defendant has left the tenanted property he must notify the court and you his new address

[Debbie1608]

Thank you so much for this

[Debbie1608]

Yes, make it clear in your witness statement that it is a relevant excerpt and the full original document (cross referenced) will be available to view at the trial

Regarding service of the WS I would email a copy and also send the package "Tracked 24" or "Tracked 48" so you receive a photo of the package being delivered to his parents address

Did his solicitor's letter state the address future documents should be sent to?

What address did you put on the claim form?

Can you please advise what format I need to use when referencing excerpts eg

(a) quotes, italics, bold etc

and

(b) what terminology do I need to adopt when making reference to excerpts eg do I quote the excerpt and then state "I refer to Page? of Exhibit "XYZ"
(c) would they still be classed as exhibits if I don't include the specific documents in the Bundle of Documents and just take originals to Court?

[Pezza54]

If you are quoting from a document probably best to use quotes and italics
When cross-referencing use bold
Full copies of documents in trial bundles and take and hold onto originals in court
Your terminology is fine

If your trial bundle is large, have you thought about using a lever arch file?

[Debbie1608]

Thank you for your reply. The documents I have would probably fill 2 lever arch files.

[Debbie1608]

Part 36 Offer of Settlement

Can anyone advise as to the pros & cons of this. I am drafting up my Witness Statement in readiness for simultaneous exchange and preparing Bundle of Documents in readiness for Court too. Indications, however, show that the Defendant is not complying with Court process/his solicitors

Is there a template letter I could use or do I merely just fill in a form? Is there a fee for this?

Thanks in advance

[atticus]

A simple internet search will find you numerous lawyers' articles on the pros and cons of Part 36 Offers.

Use form N242A - easily found online.

No fee.

[Debbie1608]

Part 36 Offer of Settlement - Forgot to mention, I am planning to put forward an offer of settlement seeking full amount but on a "payment plan" of "£x" amount on the "x" day of each month and should he default, would seek Judgment. Can this be done?

The outstanding sum is approx £20k but increasing with daily interest and there will be an additional court fee for trial due to be paid shortly. Any guidance on what would be a realistic amount taking into account the length of time it will take to repay.

[atticus]

Make the offer of a payment plan alongside your Part 36 Offer, i.e. as 2 separate offers.

[Pezza54]

I'm not sure this is a Part 36 Offer, but I could be wrong

CPR 36.6 (1)
"...................a Part 36 Offer by a defendant to pay a sum of money in settlement of a claim must be an offer to pay a single sum of money."

[atticus]

That is a small extract. There is rather more to it.

[Pezza54]

When the defendant received the claim form they had the chance to admit the debt in full or in part and make an offer to pay in installments using form N9A

If after receiving your witness statement you think the defendant is more likely to be amenable to paying the debt, you could write a "Without Prejudice" letter to the defendant's solicitor with your proposed repayment plan. If the plan is agreed the solicitor may be prepared to draft a Tomlin Order

[Debbie1608]

He defended all the claim. He is no longer represented and failing to comply. Confident in my Witness Statement but suspect he won't comply re simultaneous exchange. Want to show that I had made attempts to settle before trial.

How soon after my Witness Statement would I put forward tge offer of settlement?

Thanks in advance

[Pezza54]

If you think there is very little chance of the defendant replying let alone agreeing to repay, why not just write a letter stating your willingness to negotiate a settlement avoiding the trial in court. Send this letter before you have to pay the hearing fee

[Debbie1608]

Hi

Can anyone advise how to draft up a settlement letter. I wish to claim the full amount (with costs & interest) I am thinking along the lines of:

"WITHOUT PREJUDICE SAVE AS TO COSTS" - is that correct?

Dear ?

I refer to the outstanding debt in this matter in the sum of £*****. In order to avoid the matter proceeding to trial and in an effort to reduce further costs, I am willing to negotiate a repayment plan over a two year period. Payments are to be made on the 1st day of each month up until full and final settlement of £*** Should you default on any payments, I reserve the right to issue Court proceedings against you to recover the full outstanding amount.

How much time do I give him to respond? I am due to pay a trial fee on 27th Feb or the matter will be struck out

If he does accept this proposal, do I calculate the amount of interest from the date of default up to & including the date of acceptance?

Do I have to itemise the value of the claim in the settlement letter eg

Claim = £***
Additional Costs = £***
Interest = £***
Total Claimed as at x date (date of acceptance) = £*** (then divide this amount by 24 months) leaving a monthly payment due of £*** on the 1st day of each month

Thanks in advance