Thought we'd won

[Mairi]

Issued a small claim against cap one for my mate, after following all the other steps.
Scottish small claim return date 25/1/07, preliminary hearing set for the 1st Feb.
3 weeks ago she received a letter stating "without admission of liability we will pay back full amount of claim + interest + costs." They were going to clear her balance and then refund the outstanding by cheque, "within 14 days."
Well... no cheque yet, 14 days is long passed, so she gave them a call yesterday was givin the usual runaround and eventually told someone from the exec office would call her back.
Same guy called her back to say noone from the exec office would speak to her and that "ALL contact was to be made by letter". LOL (you couldn't make this up)
What are this shower playing at now???? We couldn't get them to stop phoning her a few weeks ago, now no one will talk to her
Looks like we will be going to court on Thursday.

[Glenn UK]

Couple of points, was the offer accepted in wiritng by the claimant?

If so turn up at court and ask the court for an order for payment and costs to be awarded against them if they dont pay before hand.

If the offer wasnt accepted in wriitng how do the court know a settlement has been agreed?

Glenn

[Mairi]

hi Glen
She hasn't accepted anything in writing yet as she was waiting on her cheque arriving. Cap one have informed the court that they have settled, so they ain't going to look too good when she shows the judge the letter of settlement.

[Glenn UK]

I would be careful, if there isn't any proof she has accepted it can work both ways, courts don't like surprises or smart Aleck's and she could look like the latter when she springs this surprise on the court.

The defendant may try to say they are awaiting your friends confirmation that the settlement offer is acceptable and this would be normal in my experience ie they offer, you accept in writing they send the cheque.

if i were your friend i would fax the defendant confirming the conversation and ask where the cheque is as there is a hearing due.

Re-iterate the terms of the settlement and warn that the 14 days has passed. If the cheque is not forthcoming you will attend court and ask for costs and an updated settlement figure based on interest accruing.

JMHO

Glenn