Part 36 counter offer for a claim. Anyone help..

By!Sophs5052215th Aug 18, 8:08 PM

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Part 36 counter offer for a claim. Anyone help..

Hi guys. Don't really know where to put this as i can't work out how to use the website.!
But do anyone know how long it takes for The defendants to accept or reject a part 36 counter offer made by the claiment?!
I was originally offered a settlement and i rejected it and offered them a counter offer, do they usually accept or offer a lower settlement but higher than their first offer?!
I was offered £5000 and i put in for £6200.!
Thank you
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Replies

  • csgohan4csgohan4 Forumite
    10.6K Posts
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    can you justify the counter claim?? not enough info in your post, what are you claiming for?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

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  • Yes it's for medical negligence. I have have ptsd and health anxiety from the incident and it's now been ongoimg for two years.
  • Solicitor told me it's difficult to calculate what sort of compensation i am entitled to so was happy to put in for £6200 considering the mental affect it has had upon me. I asked what he advises and he said he was happy to put in a part 36 counter offer.
    Any idea how long it takes for the defendant to respond?
  • NasqueronNasqueron Forumite
    7.7K Posts
    The question really is whether you believe that £5000 will not make you better but £6200 will. If you have PTSD, is it really helping matters to keep going back to this incident arguing over £1200?

    Your solicitor is the best person to advise on this. If £5000 is the part 36 offer, you may be best to accept it unless the solicitor feels they can get substantially more for you - the risk is going to court and not getting more (or even getting less) and ending up with costs against you.
    the concept of a United States of Europe is right.” Winston Churchill 1930
    I think that the Government are right to apply to join the European Economic Community...” -Winston Churchill 1961
    “The future of Europe if Britain were to be excluded is black indeed.”[FONT=&quot][FONT=&quot][FONT=&quot] - Winston Churchill 1963
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  • Nasqueron wrote: »
    The question really is whether you believe that £5000 will not make you better but £6200 will. If you have PTSD, is it really helping matters to keep going back to this incident arguing over £1200?

    Your solicitor is the best person to advise on this. If £5000 is the part 36 offer, you may be best to accept it unless the solicitor feels they can get substantially more for you - the risk is going to court and not getting more (or even getting less) and ending up with costs against you.

    Not only that if you keep shooting for more money the other company may feel justified in preparing a full defence battle if they feel the costs will be higher.

    They may be more likely to settle early and small as a compromise but if you push for more, it may be a long lengthy process without any gurantees of winning.
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  • The £5000 wasn't a part 36 offer, it was the first initial offer. This was without me providing evidence of my PTSD. My solicitor said my claim is worth around £10000 based on that Evidence.
    They have full medical records and could investigate if needed but they have just gone from my ombudsmen and health board letters provided by solicitor and kept it simple.
    I do believe an extra £1200 would help as i am currently paying for private treatment that has been caused by my trauma. Especially when i also have to pay a success fee out of my award to the solicitor.
  • I have no intentions to keep shooting for money. Ive had one offer and put in for a part 36 offer to the defendants to settle my entire claim for £6200.
    I was just asking if anyone had any advice on part 36 offers made by defendant's. Do they offer a part 36 offer on top of my offee or do they accept it in most circumstances...
  • NasqueronNasqueron Forumite
    7.7K Posts
    Sophs50522 wrote: »
    The £5000 wasn't a part 36 offer, it was the first initial offer. This was without me providing evidence of my PTSD. My solicitor said my claim is worth around £10000 based on that Evidence.
    They have full medical records and could investigate if needed but they have just gone from my ombudsmen and health board letters provided by solicitor and kept it simple.
    I do believe an extra £1200 would help as i am currently paying for private treatment that has been caused by my trauma. Especially when i also have to pay a success fee out of my award to the solicitor.

    You need to be clearer in your posts, people can only respond to what you write. Ask your solicitor about this given you are paying for it, if they feel it's worth £10000 then tell them to ask for that and see what they come back with
    the concept of a United States of Europe is right.” Winston Churchill 1930
    I think that the Government are right to apply to join the European Economic Community...” -Winston Churchill 1961
    “The future of Europe if Britain were to be excluded is black indeed.”[FONT=&quot][FONT=&quot][FONT=&quot] - Winston Churchill 1963
    [/FONT][/FONT][/FONT]
  • edited 17 August 2018 at 6:37AM
    Sophs50522Sophs50522 Forumite
    8 Posts
    edited 17 August 2018 at 6:37AM
    Right...If you read my post i clearly stated i was offered a settlement and rejected and offered them a part 36 offer.
    If you read my last message it states my solicitor estimating my claim around £10000 but with certain evidence.
    I repeat i am happy with the £6200 counter offer! i just wanted to know if anyone had any experience with acceptance of counters offers offered by the claiment.

    (Text removed by MSE Forum Team)
  • edited 17 August 2018 at 6:40AM
    AstroTurtleAstroTurtle Forumite
    290 Posts
    edited 17 August 2018 at 6:40AM
    Yes but you werent clear in your original posts? It read like you'd asked for £6,200 as the top figure then it transpires it could be worth £10,000 but your first offer was £5,000 etc.

    Good luck with the case, it appears your sense of entitlement from others extends as far as forum advice also!
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