Is a Part 36 Offer from both Claimant and Defendant possible?

[ash_786]

Hi All - I am currently going through a property dispute in which I am a joint owner and the Claimant. The matter is currently being dealt with by the courts. I did have a solicitor but due to their fees and lack of service I have been representing myself for a while now. I have previously made a Part 36 Offer via my solicitor before I started representing myself. This was for 50% net proceeds of sale plus all of the deposit. It has also been mentioned at a previous Hearing where the Judge commented that I had made " a very generous offer" so there is tracebility as it was done via a solicitor and mentioned at a Hearing. My Part 36 Offer was made months ago and the Defendant did not respond to it at all and has also refused mediation. I have not withdrawn my Part 36 Offer.
The Defendant is also representing himself. Now all of a sudden a couple of days ago the Defendant has made me a Part 36 Offer and is saying he has no record and does not know of my Part 36 Offer which was sent via my previous solicitor. His Part 36 Offer is similar but does not include the deposit paid. If I have not withdrawn my Part 36 Offer as Claimant, and the Defendant is lying (which I can prove) that he has no idea of my previous Part 36 Offer and therefore, made one to me.
* Is it possible for there to be 2 x Part 36 Offers from a Claimant and Defendant at the same time?
* My understanding was there can be only one Part 36 Offer in a case unless it has been withdrawn (which is hasn't) but the Defendant can make me a counter offer?
* If a Claimant has made a Part 36 Offer, can a Defendant make a Part 36 Offer back?

I would appreciate anyone's urgent help and I am a hardworking family man whose life savings are being robbed so am undergoing a lot of stress and need to some support

[charitynjw]

Re: Is a Part 36 Offer from both Claimant and Defendant possible?

Hi ash_786 & welcome to LB.

Has the relevant period for your Part 36 expired?

[ash_786]

Re: Is a Part 36 Offer from both Claimant and Defendant possible?

Thank you very much! Yes it has. It was dated in May-16 and the Defendants had 21 days to respond. However, in one of the points in the Part 36 it says
" if the offer is not accepted by you within period of 21 days, it may only be accepted after expiry of such time period if:
i.) The parties agree the liability for costs,
OR
ii.) with the Court's permission "