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Is it still correct to ignore every letter?

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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 18 October 2013 at 12:46PM
    Coupon-mad wrote: »
    DO NOT put 'without prejudice' on the letter, leave it as an open offer that you can show in your defence.

    Just to step in on the offer to pay a sum of money.

    You should take that bit out of this letter and deal with it as a single issue in a completely separate 'without prejudice' letter, although it can be posted in the same envelope as the open letter if you wish.

    This is because there are strict protocols for making an offer to settle once court proceedings have started. If you do it wrong, your offer can be used against you as an admission of liability. Also the wrong wording can result in costs being added onto the offer of settlement, which is not what you want.

    The purpose of making an offer is:

    1 to get them to accept a smaller sum in full and final settlement; and
    2 to withdraw their claim against you on that basis; and
    3 if they refuse your offer and proceed to a full hearing and either lose, or win but are awarded than the sum you offered to use the letter to persuade the judge to refuse to make an order for costs against you and/or to order them to pay your costs (which may include travelling, losing a day's pay, phone calls stamps etc. A generous judge may even agree to include an allowance for your time).

    I did a letter for someone else, I will have a look for it

    Daisy

    EDIT: Found it - see post below
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    NAME OF PPC's LEGAL DEPT (or Solicitor if acting)
    ADDRESS

    DATE
    WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS

    Dear Sir

    In the Northampton County Court
    [Name of PPC] -v- [Name of defendant]
    Case Number xxxxxxxx


    I refer to the above claim, court papers for which were served on me on [date].
    I am writing to acknowledge the claim against me and to confirm that liability is denied in full. I am in the process of filing a defence will no doubt be served upon you, by the court, in due course.

    Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement in the sum of [£xx] in full and final settlement of the whole claim, inclusive of interest and costs. This offer is made entirely on a 'without prejudice' basis and with no acceptance of liability.

    PLEASE NOTE: This offer is intended to have the consequences of Section 1 of Part 36 of the Civil Procedure Rules. It will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service) after which time the offer will be withdrawn and in the event of the claimant failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that the claimant pay the defendant's wasted costs of the action in full.

    I trust this will not be necessary and look forward to receiving your positive response shortly.

    Yours faithfully

    PRINT NAME
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • N9eav
    N9eav Posts: 4,742 Forumite
    Coupon-mad wrote: »

    As well as acknowledging the claim, she should add a request for the court to kindly consider 'staying' the case because PE failed to send any Letter before Claim at all and she has had no information about the Practice Direction. This is unfair and unacceptable from a large company with in-house solicitors, when alleging a debt against an unrepresented and inexperienced person.

    She can see if the court will stay the case for the two parties to resolve with a POPLA appeal 'because it is the industry's bespoke ADR', stressing it is in an effort to get the matter resolved outside of a court room when the PPC has failed to follow due process so far.

    .


    Is this a separate letter to the court or should it go on the defence form?
    NO to pasty tax We won!!!! Just shows that people power works! Don't be apathetic to your cause!
  • N9eav
    N9eav Posts: 4,742 Forumite
    NAME OF PPC's LEGAL DEPT (or Solicitor if acting)
    ADDRESS

    DATE
    WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS

    Dear Sir

    In the Northampton County Court
    [Name of PPC] -v- [Name of defendant]
    Case Number xxxxxxxx


    I refer to the above claim, court papers for which were served on me on [date].
    I am writing to acknowledge the claim against me and to confirm that liability is denied in full. I am in the process of filing a defence will no doubt be served upon you, by the court, in due course.

    Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement in the sum of [£xx] in full and final settlement of the whole claim, inclusive of interest and costs. This offer is made entirely on a 'without prejudice' basis and with no acceptance of liability.

    PLEASE NOTE: This offer is intended to have the consequences of Section 1 of Part 36 of the Civil Procedure Rules. It will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service) after which time the offer will be withdrawn and in the event of the claimant failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that the claimant pay the defendant's wasted costs of the action in full.

    I trust this will not be necessary and look forward to receiving your positive response shortly.

    Yours faithfully

    PRINT NAME

    Sorry a bit confused. Should there be without prejudice or not?
    NO to pasty tax We won!!!! Just shows that people power works! Don't be apathetic to your cause!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    N9eav wrote: »
    Sorry a bit confused. Should there be without prejudice or not?

    Please read my post 52. It explains why you split off the part about the money and send it as a separate letter. And yes, the offer to pay money should be made 'without prejudice'. All other correspondence should be in open letters that can be placed before the court.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    N9eav wrote: »
    Is this a separate letter to the court or should it go on the defence form?

    The initial application to stay the proceedings forms part of the defence.

    Have a look at post 7 on this thread

    https://forums.moneysavingexpert.com/discussion/4794110

    You may need to make a formal application to the court once the claim is passed to your local court, but for the moment, this is enough to put the claimant and the court on notice of your intentions.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • N9eav
    N9eav Posts: 4,742 Forumite
    Please read my post 52. It explains why you split off the part about the money and send it as a separate letter. And yes, the offer to pay money should be made 'without prejudice'. All other correspondence should be in open letters that can be placed before the court.

    Sorry Daisy. Why I am confused is that there appears to be 2 letters going to the same place?
    Excuse me for being dim on this matter, but it's all new stuff
    NO to pasty tax We won!!!! Just shows that people power works! Don't be apathetic to your cause!
  • N9eav
    N9eav Posts: 4,742 Forumite
    The initial application to stay the proceedings forms part of the defence.

    Have a look at post 7 on this thread

    https://forums.moneysavingexpert.com/discussion/4794110

    You may need to make a formal application to the court once the claim is passed to your local court, but for the moment, this is enough to put the claimant and the court on notice of your intentions.

    Daisy


    Excellent, whole different language from what I had pathetically written:T
    NO to pasty tax We won!!!! Just shows that people power works! Don't be apathetic to your cause!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    N9eav wrote: »
    Sorry Daisy. Why I am confused is that there appears to be 2 letters going to the same place?
    Excuse me for being dim on this matter, but it's all new stuff


    POST 52 explains WHY you send two separate letters. If it is beyond you to understand that explanation then there isn't much I can do to help you, other than to suggest that you read the post again. It is not rocket science, but if you really are struggling this much, you might want to question whether you are the right person to assist your daughter through this process.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • N9eav
    N9eav Posts: 4,742 Forumite
    Well, in the absence of anyone else we just have to muddle through as best we can. I will use the template you provided in post 53. Thanks. I probably wont bother with an open letter..
    NO to pasty tax We won!!!! Just shows that people power works! Don't be apathetic to your cause!
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