settle out of court - small claims

[cvt]

Hi, Would appreciate some advice.. from people who have settled out of small claims court!

I have an ongoing small claim where I am the defendant, the claimant didn't want to mediate, but I did! A court date has been set. It states in the notice of court proceedings to try and settle court between parties.

I feel I have been backed into a corner, as I cant afford to incur legal costs. How on earth do I settle with an unreasonable person who I cant speak to when the relationship has broken down and is the reason this is going to court in the first place. (they got very nasty towards me and I had to engage a solicitor to speak with them which I can no longer afford)

I am not prepared to pay further legal and court fees for a claim I did not bring. If I settle and offer a counter offer, who does the agreement that needs to be signed by us both and who pays the court fee to cancel the claim??. You cant just pay the person and it goes away it has to be legally enforced out of court surely?? I want it in writing by terms of an agreement that this ends the matter and they return my property they still have. Who does all this paperwork? .

I also don't understand the note on the court letter saying both parties should still try and settle before court when there is no offer of help to do this? how are you suppose to do that...

Many thanks.

[cvt]

Re: settle out of court - small claims

any thoughts anyone please?
thanks

[Kati]

Re: settle out of court - small claims

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

[nemesis45]

Re: settle out of court - small claims

Good morning,

It would help to know the reason for the claim and what is claimed.
An " out of court settlement " has to be agreed between the parties as you say, but if the claimant will not cooperate the court to say the will take a dim view of their attitude.

Have you entered any defence to the claim?

nem

[cvt]

Re: settle out of court - small claims

the claim at this stage doesn't matter I just need to know how you settle out of court as I don't want to go to court, defence has been done months ago like I say I have a court date set and just need to file witness statements BUT it says on the papers that both parties need to try and settle before court - so again my question is how do I do that when we cant speak to each other - who pays for the claim to be filed and an agreement to be signed by each party - this is all I need to know??? does anyone know this -? has anyone settled out of court???

[nemesis45]

Re: settle out of court - small claims

the claim at this stage doesn't matter I just need to know how you settle out of court as I don't want to go to court, defence has been done months ago like I say I have a court date set and just need to file witness statements BUT it says on the papers that both parties need to try and settle before court - so again my question is how do I do that when we cant speak to each other - who pays for the claim to be filed and an agreement to be signed by each party - this is all I need to know??? does anyone know this -? has anyone settled out of court???

Make your offer to the claimant direct and a copy to the court. Probably the best and least expensive way is to suggest a payment plan secured by a consent (Tomlin) order. if you want to pay by installments.
This stays the claim as long as payments are maintained. It would be usual for the defendant to pay the fee.

If a " lump" sum is required you decide how much you can offer, make the offer in writing to the claimant and file a copy with the court stating you require a response within 14 days.

The claimant failing to communicate at all again will not go in their favour. Non co operation is part of your WS.

nem

nem

[cvt]

Re: settle out of court - small claims

sorry I am probably not being clear, if I want to counter the offer they have made to me - how do I do this when I cant speak with them anymore due to them being unreasonable and attacking In their emails.
if I want a proper agreement signing between us - ie I want my property back they have? how do I do this as I cant afford to incur further lawyer fees? I am upset that the court have not said we have to mediate as this could have all been sorted at this point. how do I do this I cant just pay and it goes away and I don't want instalments I just want it over with. I want to counter offer and a signed agreement that's it - does anyone know how you do this without incurring fees?

[des8]

Re: settle out of court - small claims

Sorry,but your post is confusing!
You say on the one hand they are claiming against you, but on the other hand they have made an offer.
You say you have made an offer (to pay their claim?) but then say you can't pay.

As Nem said in other words "tell us more so we can understand the position!"

[nemesis45]

Re: settle out of court - small claims

sorry I am probably not being clear, if I want to counter the offer they have made to me - how do I do this when I cant speak with them anymore due to them being unreasonable and attacking In their emails.
if I want a proper agreement signing between us - ie I want my property back they have? how do I do this as I cant afford to incur further lawyer fees? I am upset that the court have not said we have to mediate as this could have all been sorted at this point. how do I do this I cant just pay and it goes away and I don't want instalments I just want it over with. I want to counter offer and a signed agreement that's it - does anyone know how you do this without incurring fees?

As suggested offer to the claimant and copied to the court.

All applications to a court will have a fee.
It seems you are talking about a defence and a counter claim, did you state there was a counter claim when you acknowledged service of the claim.
Your difficulty with not wanting the claim to go to trial is made more difficult to strike any " deal" out of court.
You can try sending your counter offer to the claimant by signed for post so you can check it's been delivered and if you don't get a response from that then it's brought to the notice of the court in your WS. Send the claimant two copies of your offer formatted as an agreement for them to sign and return to you, which is most likely what a solicitor would have done.
Having shown proof that you have attempted to reach and agreement works in your favour and against the claimant

You mentions also wanting " your property back" is this personal belongings or a house/flat.

You are in the court loop and must comply with courts directions other wise you can end up with judgement by default.

nem

[cvt]

Re: settle out of court - small claims

To clarify
1) i am the defendant in a small claims matter. The claimant has refused mediation I wanted to. The court date has been set and on the court forms it states both parties should try and settle before court. However the claimant has been abusive to me in the past and it is no longer possible for us to speak with each other.
2) the claimant has reached out via my solicitor who is no longer involved and offered an amount which is not acceptable to me.
3) if I counter offer this how do I do this without incurring legal fees which I can't afford. I have to try before court as it states But I am not the one responsible for this claim so who pays for the court case to go away and who pays for the amount if agreed to be enforced as an agreement has to be signed by us both to end this matter and I want my property back.

My question is simply how are you suppose to settle out of court when there are fees involved to do this and who pays, you can't just pay them and it goes away it has to be done properly????? Has anyone settled out of court please???

[des8]

Re: settle out of court - small claims

The claimant has initiated court proceedings claiming £x.
There is no communication between you now, but previously the claimant advised you he would accept a lower amount.
You want to offer an even lower amount.
You are concerned about any costs involved in offering this sum

You want to know if there are any court costs involved in negotiating a lower amount
you want to know who meets any court costs.
You are also seeking return of your property

Is the above a correct interpretation of your query?

[charitynjw]

Re: settle out of court - small claims

IMHO

If it were me, I'd make a 'Without Prejudice Save As To Costs' offer.

It is possible that a Part 36 offer might be available [CPR 27.14(3)], but it would be up to the judge to decide whether it's ok, as generally Part 36 does not apply to Small Claims court.

[cvt]

Re: settle out of court - small claims

Yes that is corrected des8 but I am only trying to settle out of court as per the notification of court date document which the court has sent me it states both parties should try and settle.

To make it simpler how do I counter offer without going through a lawyer? Who pays for the claim to be filed and ended and how do I get an agreement between us that this is the end of it and my stuff is returned?

[des8]

Re: settle out of court - small claims

I would agree with Nem and Charity.
Write to the claimant (signed for), marking the letter "Without prejudice save as to costs"
Set out your offer, which should include return of your property.
Enclose two copies of the agreement, one of which is to be returned signed by the claimant.

If he agrees, you both perform your respective parts of the agreement and that is an end to it.

If he doesn't agree the matter will proceed to court.
Costs will be court costs, and possibly limited solicitors fees.
Liability for payment will be attributed by judge on completion of trial

[charitynjw]

Re: settle out of court - small claims

If it were me, I'd send SignedFor post.