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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Lockable said:
    Thinking about this further, the existence of this letter implies that whatever they have filed so far in terms of their claim, the judge doesn't believe it contains anything that would stand up in court. 
    Yes, and as coupon said on the other thread, this approach by the judge is new

    Here is the thread for Oxford where BWLegal/Britannia went into a serious car crash.  Not sure though who the judge was ... but it was Oxford.
    https://forums.moneysavingexpert.com/discussion/6001859/pcn-britannia-parking-bw-legal/p9

    3 January 2020 at 4:46PM  >>>> The court report

    I assume that CST will dig themselves into an even deeper hole as they have done all through the CST thread

    Enjoy this one


  • D_P_Dance
    D_P_Dance Posts: 11,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 January 2021 at 12:23PM
    Swot up on costs for unreasonable behaviour CPR 27.14(2)(g)  If they default, read this

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
    You never know how far you can go until you go too far.
  • Lockable
    Lockable Posts: 97 Forumite
    Third Anniversary 10 Posts
    Received this by email this morning. I missed their deadline to respond. Today is the day the court order lays down for them to make a proper case or be struck out. Not sure what to make of this & hadn't expected to actually hear back from them. -- 

    Dear Madam

    Re: Conkai Security Ltd

    Claim Number: xxxxxxx

    We refer to the above matter.

    Please be advised that our client has reviewed your comments and defence.
    They have instructed us to put forward the following full and final settlement offer:-

    -  Both parties agree to a “drop-hands settlement” whereby our client’s claim is discontinued;

    -  Each party bears their own costs;

    - Our client will bear the cost of filing the Consent Order at Court which details the above settlement terms

    We would be grateful for your response at your earliest convenience and before 12 noon on today (Monday 8thFebruary 2021). In the event that you do not respond within this timescale, we will revert to our client for further instructions in proceeding to the final hearing.

    Yours faithfully

     CST LAW 

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    I would suggest you respond back and point out that giving you X hours notice is completely unacceptable. 
    Are you ok with a drop hands offer?
  • Lockable
    Lockable Posts: 97 Forumite
    Third Anniversary 10 Posts
    I'm not sure what a ' drop hands offer' really means. 
    Looking for advice really. 
  • Fruitcake
    Fruitcake Posts: 59,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 February 2021 at 3:59PM
    As above. Do you just want this to go away, or do you want to have your day in court?
    If you are happy for the latter, I suggest you fire off a summary costs assessment to the court asap for the time you have spent on research, stationary, phone calls etcetera, any data breaches, and the unreasonable delay in offering this.

    If the drop hands offer does not say Without Prejudice, then you can show it to the judge/court, pointing out how unreasonable it was to do that so late on after you had spent time and money on it all, instead of when they received your reply to their LBC/LoC.
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  • Umkomaas
    Umkomaas Posts: 43,070 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lockable said:
    Received this by email this morning. I missed their deadline to respond. Today is the day the court order lays down for them to make a proper case or be struck out. Not sure what to make of this & hadn't expected to actually hear back from them. -- 

    Dear Madam

    Re: Conkai Security Ltd

    Claim Number: xxxxxxx

    We refer to the above matter.

    Please be advised that our client has reviewed your comments and defence.
    They have instructed us to put forward the following full and final settlement offer:-

    -  Both parties agree to a “drop-hands settlement” whereby our client’s claim is discontinued;

    -  Each party bears their own costs;

    - Our client will bear the cost of filing the Consent Order at Court which details the above settlement terms

    We would be grateful for your response at your earliest convenience and before 12 noon on today (Monday 8thFebruary 2021). In the event that you do not respond within this timescale, we will revert to our client for further instructions in proceeding to the final hearing.

    Yours faithfully

     CST LAW 

    Well, I did tell you that was likely!
    Umkomaas said:
    I bet there's some Conkai, boss-eyed, spittle-dripping goon, trying to work all that lot out!  I suspect they'll cave, but I really would like to see how they deal with that loaded gun of questions!  Wouldn't it be great if this series of questions was handed to every PPC claimant to answer, it would perhaps apply a bit of brake to the roboclaim nature of current activity?

    Please keep us updated. 
    I don't know if you're up for it, but you could turn the screw and make them squirm by either not accepting their drop hands offer, or saying that you will accept a settlement (on a Without Prejudice, Save as to Costs basis) of X hours x £19ph litigant in person rate for the time they have cost you in causing you to have to deal what is becoming clear is an unmeritorious claim. Tell them that you would be very interested in seeing their full response to Judge Devlin's order. 

    Depends how spikey you are. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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