Part 36 offer - sums not received

student87

Hi

I was wondering if anyone could help with the following query.

I have received a Part 36 offer to settle an personal personal with payment due to received within 14 days.

The amount was going to be sent via BACS.

The terms have been breached as it had nearly been a month since acceptance of the offer.

Can the Part 36 be void at all?

I felt pressurised into accepting the offer and if possible would want to not settle the claim.

Thank you

rudekid48

If you have a Solicitor acting on your behalf, have you asked them?

student87

I have tried but she has been out of the office / on leave.

student87

I have tried but she has been out of the office / on leave.

absolutereturn

student87 wrote: »

Hi

I was wondering if anyone could help with the following query.

I have received a Part 36 offer to settle an personal personal with payment due to received within 14 days.

The amount was going to be sent via BACS.

The terms have been breached as it had nearly been a month since acceptance of the offer.

Can the Part 36 be void at all?

I felt pressurised into accepting the offer and if possible would want to not settle the claim.

Thank you

If you are the claimant and the defendant has not paid you can request judgment against them. You say you have a solicitor acting for you, probably not the best time of year to get in touch with them but was there anything about costs in the offer?

student87

Thanks for the reply. Yes, I am the claimant. No, just a figure to settle the claim. No details about costs.

Should there have been?

So, there is no way to retract acceptance of the Part 36 I am guessing?

absolutereturn

student87 wrote: »

Thanks for the reply. Yes, I am the claimant. No, just a figure to settle the claim. No details about costs.

Should there have been?

Part 36 offers are usually made for a certain amount plus costs. You are entitled to your costs up until the time you accepted the offer.

student87 wrote: »

So, there is no way to retract acceptance of the Part 36 I am guessing?

It's not a question of retracting acceptance, if the defendant hasn't paid up, you can enter judgment for the unpaid sum without having to issue a new claim, as per CPR 36.14(8)

(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.

Crazy_Jamie

absolutereturn wrote: »

Part 36 offers are usually made for a certain amount plus costs.

There's not really a 'usually' about it. A Part 36 offer must specify that the Defendant will be liable for the Claimant's costs if the offer is accepted (CPR r.36.5(1)(c)).

Anyway, that's just me being pedantic. As you've rightly pointed out, retracting an acceptance doesn't come into this equation at all, nor does voiding the agreement.

OP, if you felt pressurised into accepting an offer that was lower than you feel that your claim was worth, you need to take that up by way of a complaint to your solicitor, or thereafter by way of raising a case with the Legal Ombudsman if the firm's complaint system doesn't prove to be adequate.