POFA '12 not valid?

blackdog2220

Lockable said:

. Depends how spikey you are. 

Having responded to every letter for 5 years, I'm pretty spikey.
I'd love to turn the screw, is there a form of words already available on the forum that you know of that I could copy & paste & get to them before close of business today?
I'm not familiar with how to assemble a claim for costs. 

go swivel sunshine

blackdog2220

Lockable said:

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 

unless you wished to accept there offer I would NOT have replied 

the offer was a singular one , not a bartering contest 
failure to reply would have "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." 

and either withdrawing the claim and leaving you to get costs from them 
OR try to comply with the judges request 
maybe they will offer you £150 , maybe not , but untill the fat lady sings and you get conformation FROM THE COURT , its game on 

a trivial email tonight saying they are going to fold is not enough , slimey people have been known to tell porkie pies 

Coupon-mad

Le_Kirk said:

Lockable said:

Le_Kirk said:

You could just use your own words, it is clear how you feel about this, keep it polite but be forceful.  There is an example summary costs assessment in the example witness statement as part of the NEWBIE sticky - your go-to place for questions.  Also you could search the forum for summary costs assessment.

Just fired off an email saying I'll settle for £150. Hopefully this will cause them to squirm somewhat. 

I hope you made it clear that you expect them to pay YOU the £150!

I was thinking the same.  I hope the OP didn't write ''I'll settle for £150'' (i.e. agreeing to pay £150)?

Lockable

Coupon-mad said:

Le_Kirk said:

Lockable said:

Le_Kirk said:

You could just use your own words, it is clear how you feel about this, keep it polite but be forceful.  There is an example summary costs assessment in the example witness statement as part of the NEWBIE sticky - your go-to place for questions.  Also you could search the forum for summary costs assessment.

Just fired off an email saying I'll settle for £150. Hopefully this will cause them to squirm somewhat. 

I hope you made it clear that you expect them to pay YOU the £150!

I was thinking the same.  I hope the OP didn't write ''I'll settle for £150'' (i.e. agreeing to pay £150)?

Fairly certain they would understand what I meant. I didn't use the exact words above. They'd have a job pretending I meant anything else. 
Anyway, no response yet.

Lockable

The latest update on my case is a letter received today:
"It is ordered that 
A hearing regarding the Claimant's relief from Sanctions Application is to be listed on the first available date"
--
That's about all it says.
This is the first contact I've had from the court since the court order demanding that Conkai make a stronger case.
Google hasn't entirely illuminated what this might mean for me.
Am I right in thinking this is Conkai attempting to insulate itself from having to pay me for wasting 6 years of my life on a claim that has absolutely no merit?

nosferatu1001

No, youre a little wrong, mostly right
Conkai has had Sanctions applied, which should be what was in the Order - usually the claim being struck out. This would leave only a counterclaim in place, I cant recall if you have one or not here
So theyu have made an Application - which has cost them - to basically say they should be granted Relief from sanctions
Now, naughtily, they should have served a copy of their application on you. So I would be contacting them ASAP asking for a copy, so you can see what creative means (ie lies) theyve concocted to try to get away with breach of a courts order
You can also ask the court for a copy of the application, explaining this is the first you knew as the C didnt serve a copy on you. (which also further drops them in it - think about it!)
You do want to be in on that call, becasuse you can draw the courts attention that they gave you 2 hours to have sen and responded to their drop hands, and that is unreasonable. Seems like poor claim management by their solicitor no?

nosferatu1001

When you contact the court you can also ask if sanctions have already been applied

The fact the court has listed it and isnt immediately granting it to me suggests you have an annoyed judge who absolutely wants to lay into Conkai and their solicitors

BrownTrout

as above it would be far quicker asking the court, email the court and give them a call to get them to send you a copy, you should get the same day if they are not to busy.

Lockable

OK, so after emailing the court for further info I emailed CST for details of the relief application & they sent the below back to me. I get the feeling they wouldn't have sent this had I not asked so thanks for the advice. Not sure who it was from.
Seems they failed to abide by the court order of 23/1/21 are looking to not be punished for that AND are seeking a 2 week extension to get their 'amended' case in. 
I can only think they are drunk or incompetent.
Is the court likely to allow them to do this? 
Is this new territory?
Can I put the boot in at this stage?

nosferatu1001

They should have sent the draft order as well!
Yeah they give no reason why this should be extended; no mea culpa, nothing. Just "please give us more time"
The court SHOULD throwe this back at them, but sadly Cs often get away with more than a D does