Help with Virgin Claim going to Court

halifaxmortgage

Thank you. I take on board what you guys say and I'm happy to send a copy of the N180 via post to VM. But can you please give me any tips on how to write a letter explaining to VM about their mistake? Is there a formal way of writing it? What sort of wording am I allowed/not allowed to use?

waamo

There is no formal wording other than heading it "Without Prejudice Save as to Costs".

That is legalese for "you can't show this to a court unless we are deciding about any matter of costs".

It's a private and confidential offer to sort the matter out without going to court. If VM win and try and claim unreasonable behaviour then it can be shown as evidence you attempted to sort things out reasonably.

halifaxmortgage

Cheers Waamo.

Here's the letter....not sure if I need to add or change anything else:

Without Prejudice Save As To Costs

Dear (Solicitor's Name)/VM Defence Team,

Please find enclosed the completed N180 Directions Questionnaire by way of service. Please kindly confirm receipt of this.

I confirm a copy has been filed to your email addresses and at Court.

I would like to clarify that the date of installation you have mentioned in point 4 of your Defence is incorrect as my damage claim is not referring to the 17th May 2016, but is actually for 10th August 2018.

I hope this clears any misunderstanding.

I eagerly look forward to your reply.

Kind Regards,

What do you think?

waamo

Nothing wrong with that however if you wish you could open negotiations with them. Enclose a copy of your further particulars and suggest they consider settling before costs escalate for their client.

Point out to them that a hearing could cost more in time and money than an actual settlement. They might just go for that. Remember this is an entirely confidential letter so you can ask them anything within reason.

halifaxmortgage

Cheers Waamo.

If I included the further particulars page, then should I include ALL evidence, such the photos/videos on a cd, builder estimate, forum links?

How would I word the contents such a letter without sounding like I'm begging or demanding?

steampowered

The 'without prejudice' concept means that genuine settlement offers cannot be used as evidence or referred to in the main proceedings. Only on the issue of costs if one party claims that the other acted unreasonably.

The heading 'without prejudice save as to costs' should only be used for genuine settlement offers.

Letters you want to be able to refer to in court before getting to costs - such as a letter serving a N180 - need to be in open correspondence, not in 'without prejudice' correspondence.

For that reason, solicitors would normally send two separate letters in this sort of situation - one letter which is 'open' and one letter which is 'without prejudice save as to costs'. I would suggest sending two separate letters along the following lines:

--
Dear Sir/Madam

xxx vs Virgin Media
Claim Number: xxx

Please find enclosed the completed N180 Directions Questionnaire by way of service. Please kindly confirm receipt of this. I confirm a copy has been sent to your email addresses and filed at Court.

I would like to clarify that the date of installation you have mentioned in point 4 of your Defence is incorrect as my damage claim is not referring to the 17th May 2016, but is actually for 10th August 2018.

Yours sincerely

---
Without prejudice save as to costs

Dear Sir/Madam

xxx vs Virgin Media
Claim Number: xxx

I refer to the above claim. I am confident that I will be successful in my claim against Virgin Media for the following reasons, which I am confident will be borne out by the evidence in due course:
[insert bullet points with a brief explanation of what your case is about, what went wrong and the damage suffered]

I am nevertheless mindful of the obligations on parties, under the Civil Procedure Rules, to try to resolve their disputes. I am therefore prepared to make the settlement offer set out below pursuant to CPR 44.2(4)(c).

I therefore confirm that I will be willing to settle the case on the basis that your client pays the total sum of £[x] in full and final settlement of the claim.

This offer is open for acceptance until [insert date 2 weeks after the date of the letter]. If your client does not accept it, pursuant to CPR 44.2(4)(c) I intend in due course to bring the contents of this letter to the attention of the court on the issue of costs.

Yours sincerely

waamo

^^^^ This. A brilliant response.

halifaxmortgage

Really sorry for the late reply. Little one is unwell, hence I've been a bit busy running around like a headless chicken. I don't know what to say! I'm stuck for words.... That's just brilliant, thanks so much Steampowered. I'm very grateful.


In the "without prejudice" letter I'm thinking of the following brief points.

# On 10th Aug 2018, VM sent contractors to replace faulty cabling with a new cable. Whilst carrying out the replacement the contractors have caused various types of damage to the gulley hopper, patio and landscape - leaving their new cable clearly visible rather than dug in and left behind considerable amount of mess.

# I got a call on 12/08/18 from complaints, whom advised that VM don't have anyone who can come out to assess the damage and that VM don't have a specialist repair team.

# I was offered £34 and when I complained that I believed the damage costs were much more, my complaint was deadlocked and I was advised to contact CISAS.

# However I have spoken to CISAS and they have advised that they don't get involved with damage complaints and my only resolution was either trading standards to taking VM to courts.

# I wrote to VM on multiple occasions with a "letter before action" via email and post and even sent evidence of the damage including photos and videos.

# However VM have simply denied responsibility and stated that I need to contact CISAS and closed any further complaints that I made.

# Due to VM unwilling to coorporate, I was left with no choice, other than to take legal action against them.

# Due to the cabling owned by VM, I've had a lot of difficulties getting a quote. I managed to obtain an estimate for £650.00, however this does not include the cable connection/disconnection costs, which I estimate to be around another £350.

I therefore confirm that as a goodwill gesture, I will be willing to settle the case on the basis that your client pays as reduced total sum of £900.00 in full and final settlement of the claim.

FYI, I have missed out quite a number of points to keep the issue short and simple.

Also shall I leave out all the evidence to be shown at a later date?

Thanks.

DoaM

Where has the extra £350 come from? (You can't just yank a figure out of the air - there needs to be some basis for it).

An observation ... works carried out on 10th, "multiple calls to VM" (suggesting an extended period in trying to contact them) yet VM responded on the 12th ... whilst it was not the response you wanted, the duration was only 2 days (and the 12th was a Sunday too) ... therefore your 2nd bullet reads as being a "moaning Minnie" rather than as a genuine issue. I'd suggest rewording it.

steampowered

The letter looks fine to me.

You don't need to attach evidence at this stage, you will need to provide it when ordered to do so by the court.

As DoaM mentioned, it looks a bit odd that you are saying the damage is £650 but ask for £1000 in settlement. I think you do need an explanation of how you got to £1000 - even if that is just a sentence saying you estimate the cable connection/disconnection costs will be £350.