accident settlement - advice please

romeopppxxx

I know that the papers were sent to court if thats what you mean.

Should I withdraw my acceptance as they are not paying or should I be a bit tougher with the solicitor?

Quentin

Tougher with the solicitor. (Assuming you are happy with the settlement offered).

Although the solicitor isn't actually being paid by you, you are the Client who instructed them, and without you they wouldn't be getting their fees at all!

Troubled_Joe

Proceedings were issued in that case so you're fine.

I don't really want to advise but have a look at the relevant CPR:

The effect of acceptance of a Part 36 offer 36.11 (1)If a Part 36 offer is accepted, the claim will be stayed (GL) .
(2)In the case of acceptance of a Part 36 offer which relates to the whole claim the stay (GL) will be upon the terms of the offer.
(3)If a Part 36 offer which relates to part only of the claim is accepted –
(a)the claim will be stayed (GL) as to that part upon the terms of the offer; and
(b)subject to rule 36.10(2), unless the parties have agreed costs, the liability for costs shall be decided by the court.
(4)If the approval of the court is required before a settlement can be binding, any stay (GL) which would otherwise arise on the acceptance of a Part 36 offer will take effect only when that approval has been given.
(5)Any stay (GL) arising under this rule will not affect the power of the court –
(a)to enforce the terms of a Part 36 offer;
(b)to deal with any question of costs (including interest on costs) relating to the proceedings.
(6)Unless the parties agree otherwise in writing, where a Part 36 offer by a defendant that is or that includes an offer to pay a single sum of money is accepted, that sum must be paid to the offeree within 14 days of the date of –
(a)acceptance; or
(b)the order when the court makes an order under rule 41.2 (order for an award of provisional damages) or rule 41.8 (order for an award of periodical payments), unless the court orders otherwise.
(7)If the accepted sum is not paid within 14 days or such other period as has been agreed the offeree may enter judgment for the unpaid sum.
(8)Where –
(a)a Part 36 offer (or part of a Part 36 offer) which is not an offer to which paragraph (6) applies is accepted; and
(b)a party alleges that the other party has not honoured the terms of the offer,

that party may apply to enforce the terms of the offer without the need for a new claim.

romeopppxxx

Please could someone explain that to me as I don't really understand it
Thankyou

romeopppxxx

Quentin wrote: »

Tougher with the solicitor. (Assuming you are happy with the settlement offered).

Although the solicitor isn't actually being paid by you, you are the Client who instructed them, and without you they wouldn't be getting their fees at all!

How would you approach it please, I have been ringing them every couple of days

Quentin

A letter of complaint about how long this is taking, and asking them what they are doing to get your money.

romeopppxxx

do you think an email would be ok?

Quentin

Letter is best if you really want to get some progress on this.

romeopppxxx

please could you advise how to word it as I know I will not make it forceful enough - I apologise every time I ring them!!

moonrakerz

Quentin wrote: »

It's a red herring in your case.
.

I think you have hit the nail squarely on the head with this thread !!!