Lowell/Bryan Carter claim form

[polly12]

Re: Lowell/Bryan Carter claim form

Could someone kindly read through this for me & give me their thoughts as to the wording.... Many Thanks





Dear Sir/Madam


Ref.........
MCOL Claim.........


WITHOUT PREJUDICE

I write to you with reference to the above claim.

Whilst I am fully willing & able to fully defend this claim through the court process with the non compliance of paperwork requested from yourselves I am also prepared & ready to see this dealt with once & for all.

In that respect I would be prepared to offer you a full & final settlement of £150 on condition that

1 The Court process will be halted forthwith & evidence of this posted to myself

2 My Credit file will be updated to show paid in full & the default removed

3 On acceptance of this in writing from yourselves within 7 working days I will pay £75 on the 30th October & a further £75 four weeks later at which point I would insist that points1 & 2 are adhered to.


4 I am making this offer on the clear understanding that neither yourself or any other associate Company will take any other action to enforce this alleged
debt.


Yours faithfully.........

[nemesis45]

Re: Lowell/Bryan Carter claim form

Could someone kindly read through this for me & give me their thoughts as to the wording.... Many Thanks

Hello Polly,
I would not use " Without Prejudice " with this because if this claim goes to a hearing you will not be able to use the offer to show that you have attempted to reach a settlement.

I would also suggest that you state that the offer is made as a gesture of good will and without and admission of liability.

nem,





Dear Sir/Madam


Ref.........
MCOL Claim.........


WITHOUT PREJUDICE

I write to you with reference to the above claim.

Whilst I am fully willing & able to fully defend this claim through the court process with the non compliance of paperwork requested from yourselves I am also prepared & ready to see this dealt with once & for all.

In that respect I would be prepared to offer you a full & final settlement of £150 on condition that

1 The Court process will be halted forthwith & evidence of this posted to myself

2 My Credit file will be updated to show paid in full & the default removed

3 On acceptance of this in writing from yourselves within 7 working days I will pay £75 on the 30th October & a further £75 four weeks later at which point I would insist that points1 & 2 are adhered to.


4 I am making this offer on the clear understanding that neither yourself or any other associate Company will take any other action to enforce this alleged
debt.


Yours faithfully.........

Ok Polly.

[polly12]

Re: Lowell/Bryan Carter claim form

Ha ha sorry, is that ok someone will read it or the letter is ok!

[charitynjw]

Re: Lowell/Bryan Carter claim form

4 I am making this offer on the clear understanding that neither yourself or any other associate Company will take any other action to enforce this alleged
debt.

I would add the words 'settlement in full mutual accord & satisfaction of the matter'.
Also very important to clearly cross-refer the cheque & letter, & state on cheque that it is a full & final settlement.
(See Inland Revenue Commissioners-v-Fry [2001])
Even better if you can get a third party to send the offer.
As always, get proof of posting.

[polly12]

Re: Lowell/Bryan Carter claim form

Thank you have altered as advised. Do I send a copy to both Lowell and Bryan Carter

[polly12]

Re: Lowell/Bryan Carter claim form

Thank you have altered as advised. Do I send a copy to both Lowell and Bryan Carter

[charitynjw]

Re: Lowell/Bryan Carter claim form

Personally I would send to both & cross-refer 'cc to BC/cc to Lowells (full name/address per court claim) on respective letters.
Covers all bases.

[nemesis45]

Re: Lowell/Bryan Carter claim form

Thank you have altered as advised. Do I send a copy to both Lowell and Bryan Carter

Is Carter still dealing with this?? Lowell dropped him sometime ago in favour of Lowell Solicitors Ltd.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

Sorry yes apologies it is BW Legal that are dealing with it along with Lowells

[polly12]

Re: Lowell/Bryan Carter claim form

Just an update on this claim, I have not received a reply to my offer of payment made to Lowells & I rang the Court this morning & the hearing fee has been paid. It now looks like I will have to attend to defend this. Can anyone please point me in the direction of getting my defence ready it has to be submitted for the 15th November.

[nemesis45]

Re: Lowell/Bryan Carter claim form

Just an update on this claim, I have not received a reply to my offer of payment made to Lowells & I rang the Court this morning & the hearing fee has been paid. It now looks like I will have to attend to defend this. Can anyone please point me in the direction of getting my defence ready it has to be submitted for the 15th November.

Hello Polly,

There's defence templates in the green box at the top of the "court claim " forum try making draft and post it here then we can go through it with you.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

Thank you nemesis45, I will take a look and post up in the next day or two, I am surprised that they did not even answer my offer sent, maybe they have taken this as an admission of guilt who knows. Either way I would like to avoid a court hearing are there any other avenues that could be taken with this. I will attend court if need be but would rather sort this out before then if ime honest.

[MIKE770]

Re: Lowell/Bryan Carter claim form

if it came to it, maybe a Tomlin Order could be put in place = do not rush into anything unecessary yet, keep Nemisis updated!

[nemesis45]

Re: Lowell/Bryan Carter claim form

Thank you nemesis45, I will take a look and post up in the next day or two, I am surprised that they did not even answer my offer sent, maybe they have taken this as an admission of guilt who knows. Either way I would like to avoid a court hearing are there any other avenues that could be taken with this. I will attend court if need be but would rather sort this out before then if ime honest.

Making an offer is an admission of liability so have you kept a record of that offer so you might be able to show you have made an effort to resolve the matter with out a court hearing.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

Yes I sent recorded & kept a copy, seems like I am stuffed with this one now then. Trying to resolve it has done me no favours!