Help with Virgin Claim going to Court

halifaxmortgage

Evening guys. Hope you're all well. Sorry for not replying sooner.

I've got some news! VM defence have come back with an offer which is "WITHOUT PREJUDICE SAVE AS TO COSTS".

I can't say much at the moment because I have proposed a counter-offer and I'm awaiting for their response. I'm hoping I'll get a reply by tomorrow as they seem to be eager to move things forward.

If I agree to an offer, do I immediately cancel the court proceedings which are end of next week or do I say to them that I want my deal first before informing courts ????

Just bear with me guys......I promise I'll keep you posted. :A

da_rule

You’ll probably deal with by means of a consent order.

This is an order that all parties agree essentially dismissing the claim.

I would ask VM’s legal team to prepare this and file it (as there’s a £100 fee for it).

waamo

Wait till you get something concrete. If they make an offer in writing and renage on it after confirming all is settled they would be in serious hot water. Only discontinue when it's clearly all settled.

If they are keen to settle they may well send a cheque with a letter of acceptance to your counter offer.

halifaxmortgage

Good morning guys. All our communications are in writing via email, so they can't deny it once agreed. They are making part monetary value offer and part of it to rebury the cabling.

1. However if I did agree:

a) Do I insist they rebury the cable first and make a bank transfer immediately before I'm willing to inform courts?

b) Or do I just accept the offer in writing and cancel the court claim anyway?

2.Will the courts charge me any costs if it was a very last minute or on the day settlement?

waamo

You can settle up to the second you walk in so it depends how much you trust their offer. Obviously you want to give a little notice as you don't want to turn up in practice.

You can tell the court the day before the hearing if you want and that would be fine. You have to serve a Notice of Discontinuance to end it.

Their offer should be binding but as I said it's up to you when you agree it's settled. If you get something concrete you are happy with you may as well end it but if you don't trust them leave it till you are comfortable that they are upholding their end.

da_rule

Has this matter actually been allocated to the small claims track?

halifaxmortgage

@Waamo - thanks mate. That's very helpful.

@da_rule - yes

stragglebod

I'm sure you already know this, but just bear in mind that if you don't accept a wpsatc offer which turns out to be as good as or better than what the judge orders on trial, you will probably be liable for all costs from the point of the offer.

da_rule

stragglebod wrote: »

I'm sure you already know this, but just bear in mind that if you don't accept a wpsatc offer which turns out to be as good as or better than what the judge orders on trial, you will probably be liable for all costs from the point of the offer.

Part 36 of the CPR which imposes these cost consequences does not apply to claims that are allocated to the small claims track.

stragglebod

da_rule wrote: »

Part 36 of the CPR which imposes these cost consequences does not apply to claims that are allocated to the small claims track.

Thanks, I didn't know that.