Andy Thanks for info. I have now decided to go all the way with this the other side have now provided me with their cost estimate and it beyond the orignal aleged debt so Ia part 36 will do no good. I am now prepared to go to court and stand my ground win or loose. If I do loose I will plead to the court that the only way I can discharge the judgement will be by way of monthly payments from existing income and that will take years!! Thanks for your help Regards 1 SV.

Thanks for guidance. Well it looks a though this is going to go right to the wire now I have just go the other sides costs estimate through and it way -way beyond the orignia aleged debt. so a part 36 is now totlay out of the question. This is now sh!t or bust time for me. I have to run the guantlet and hope that all the info I have sifted through is OK on the day. Regard 1Small Voice.

Andy Yes I guess that I have to go all the way now.. I think I will be sending in a Part 36 of my own on both actions, but the big thing is the costs; in one action they have equaled the claim and in the other they are heading for £11k. Any furthe assistance you can give regarding the construction of a Part 36 would be of immense help, also a bulit point do's & don't would be of benefit. Regards 1 Small Voice.

JEESE!! this thing is realy hotting up, I am on a vertical learing curve here and doing my best to keep up with the information overload. I just want this thing to stop but I guess that being this far in I have to keep going now. I am favouring submitting a part 36 of my own but will make the call in the next day or so. Is there any cut off point in time approaching trial when a part 36 would not be allowed? Regards 1Small Voice.

This becomes more and more strange by the day. By the sound of what they had put to me a non-accptance of their part 36 would be construed by them as a rejection. I don't want to get too bogged down with the technicalities or the mechanics I just want to throw an offer at them that is reasonable and will not leave me wide open for their massive costs. Can you outline a way that an offer can be made either under the part 36 rules or in some other way whereby I can be seen to trying to settle the matter? Regards 1SV

Andy Thanks for the detailed and well presented reply. I am OK will the majority of it however in your closing section you say to go back straight away with my version of a pert 36. I will happily do that however in the action against Mrs 1SV & I the costs are now equal to the orginal sum claimed. If you recall my Calderbank offer put forward 3 ways of dealing with costs (1) to pay a %, (2) to pay a fixed sum, (3) to let the court decide. If I now make a part 36 the cost implications are governed by the rules and follow a set format so how do I make an offer that I can afford and not pay their inflated costs? On the other action against me in isolation I made a similar claderbank where I was offering the 3 cost options but only offering to meet part of the claim. In the mean time I have written to the other side and asked for a specific statement that my Claderbank has been rejected to which they have confirmed that their part 36 is the only offer on the table at the momnet and my Claderbank has been turned down. They have also agreed to submit an up to date cost estimate so that I may consider their part 36 and its cost implications. Please come back to me with any guidance that is available. Regards 1 Small Voice.

Yes this is getting pretty deep now and expert help will be the best. Regards 1SV.

Andy Thank you, I now simply confirm recipt of the Part 36 offers and leave it at that for now. I have 21 days to accept or reject. Meanwhile I contiue to work on my stuff for the courtroom showdown as I am now convinced that this going to go all the way. Regards 1SV.

That's it for now, who ever can help please help. I need all the support and guidance I can muster agaist the evil empire. They are trying to tie me and Mrs 1SV up in knots withe legal jargon of part 36's. realy the legal proceedure needs to be amended to prevent the little guy being crushed by the banking juganaught. Any posting that can offer any way forward will be gladly received. Regards to all 1 Small Voice.

Here is the next posting relating to action number 2. We write further to our previous correspondence on this matter. As we have set out in previous correspondence we do not consider that your Defence has any prospect of success hence our Application to Strike Out and/or for Summary Judgment pursuant to CPR Parts 3.4 and 24. However, in the spirit of the overriding objective, our client is prepared to take a commercial view of this case and, in the interests of saving the time and costs of contested proceedings, has instructed us to make the following offer on its behalf under Part 36 of the Civil Procedure Rules 1998 (CPR). The offer is a Claimant's offer made in accordance with CPR Part 36 and is intended to have the consequences set out in that Part. 1 Our client's claim is for £full sum (including interest since the issue of the Claim Form) plus costs. 2 Subject to the terms set out below, our client is prepared to accept the sum of £full sum inclusive of interest in full and final settlement of its claim against you. This offer relates to the whole of the claim and takes into account any counterclaim which you may have. 3 Provided that you accept the offer within 21 days (as to which see below), the sum offered will include interest. However if you do not accept the offer within 21 days, then interest shall accrue as follows: (a) on the sum offered (b) at the primary rate sought under the claim, which is 8% per year © from the day after the expiry of the 21 days until the date of your acceptance of the offer or (if you should need to obtain the court's permission to accept the offer) the court's permission, whichever is later. 4 To accept this offer you must send us a written notice of acceptance. If you accept the offer within 21 days, that is to say by some time on some day 2012, then our client will be entitled to its contractual costs of the proceedings up to the date of acceptance in accordance with CPR Part 36.10 (such costs to be assessed by the court on the standard basis if we cannot reach an agreement as to how much you must pay). If acceptance occurs after 21 days we will have to agree liability for costs and the presumption is that our client will be entitled to its costs up to the date of acceptance under CPR Part 36.10 (5). 5 If you accept this offer, payment must be made within 14 days of acceptance. 6 If you do not accept this offer but our client achieves a result at trial which matches or betters it, then our client will rely on the provisions of CPR Part 36.14. Please acknowledge safe receipt of this letter, and, if necessary, request clarification of the offer within 7 days of receipt.

This is the text of the counter offer issued by the other side in action 1. As we have set out in previous correspondence we do not consider that your Defence has any prospect of success hence our Application to Strike Out and/or for Summary Judgment pursuant to CPR Parts 3.4 and 24. However, in the spirit of the overriding objective, our client is prepared to take a commercial view of this case and, in the interests of saving the time and costs of contested proceedings, has instructed us to make the following offer on its behalf under Part 36 of the Civil Procedure Rules 1998 (CPR). The offer is a Claimant's offer made in accordance with CPR Part 36 and is intended to have the consequences set out in that Part. 1 Our client's claim is for £full amount (including interest since the issue of the Claim Form) the personal guarantee and £full amount under the credit card plus costs. 2 Subject to the terms set out below, our client is prepared to accept the sum of £both sums combined inclusive of interest in full and final settlement of its claim against you. This offer relates to the whole of the claim and takes into account any counterclaim which you may have. 3 Provided that you accept the offer within 21 days (as to which see below), the sum offered will include interest. However if you do not accept the offer within 21 days, then interest shall accrue as follows: (a) on the sum offered (b) at the primary rate sought under the claim, which is 8% per year © from the day after the expiry of the 21 days until the date of your acceptance of the offer or (if you should need to obtain the court's permission to accept the offer) the court's permission, whichever is later. 4 To accept this offer you must send us a written notice of acceptance. If you accept the offer within 21 days, that is to say by some time on someday 2012, then our client will be entitled to its contractual costs of the proceedings up to the date of acceptance in accordance with CPR Part 36.10 (such costs to be assessed by the court on the standard basis if we cannot reach an agreement as to how much you must pay). If acceptance occurs after 21 days we will have to agree liability for costs and the presumption is that our client will be entitled to its costs up to the date of acceptance under CPR Part 36.10 (5). 5 If you accept this offer, payment must be made within 14 days of acceptance. 6 If you do not accept this offer but our client achieves a result at trial which matches or betters it, then our client will rely on the provisions of CPR Part 36.14. Please acknowledge safe receipt of this letter, and, if necessary, request clarification of the offer within 7 days of receipt. We look forward to hearing from you.

This is the offer I made for action number 1. This is an offer to settle which is not made in accordance with rule 36.2 of the CPR, it is a Calderbankoffer and the Defendant expressly reserves the right to refer the Court to this letter on the issue of the costs of these proceedings; 1 The Defendant offers to pay a single sum of money in the amount of £?,???.?? inclusive of all interest and to be paid within 14 days of acceptance of such offer, in writing, by the Claimant. For clarity the offer is comprised of the principle sum of £?,???.?? as claimed plus £abc of interest charges (180 days @ £/ per day) as accumulated as at today’s date. The sum of £?,???.?? is to be in full and final settlement of the account numbered %$^$ as settlement of the Claimant's claim in these proceedings. 2 The Defendant will agree to cease his Counterclaim and waive all his costs in this matter to date in return for the Claimant relinquishing all rights to the portion of their claim relating to account number ?????????????? - Credit Card; thus effectively treating that account as cleared in full and final settlement. 3 The Defendant further offers to deal with the costs of these proceedings in any one of the following three ways:- (i) To pay 10% of the Claimant's costs of bringing its claim, subject to, detailed assessment in default of agreement; or (ii) To pay the fixed sum of £?? in respect of those costs; or (iii) To remit (only) the issue of the parties' liability for costs to the Court for determination. This offer is made in a genuine attempt to resolve the matter with the minimum of further cost to both parties and is therefore open for acceptance to 4pm on Someday 2012. The reason for that deadline is the fact that if the parties are unable to reach a settlement then the Defendant as a Litigant in Person will need adequate time to make preparations and/or to finalise their case in readiness for the continuation of the action. So that you are clear as to the reasoning behind this offer, the Defendant considers that the Claimant's claim, which is currently pleaded, is founded upon weak, inaccurate and contrived documentation and the Claimant by way of its employees issued assurances that certain conditions would prevail, which have not, as such the Claimant should have not rushed to litigation and should have sought to negotiate a settlement and not escalated this matter beyond a reasonable level. The Defendant cautioned the Claimant against the course of action they have taken and have urged the Claimant to engage in a negotiated settlement before and after the issue of proceedings. Further prior to commencement of the action the Defendant has been supplied with written confirmation from the Claimant that part of the monies now being claimed in this action were covered by a form of insurance and as such the Defendant rightly construed that with the benefit of such insurance that no debt existed. The Defendant intends to contend, as a matter of principle, that the Claimant should not have all of its costs, rather that they be limited merely to arguments of proportionality and reasonableness on a detailed assessment (save in the event the Claimant agrees its entitlement to costs is limited to 10%, as per alternative (i) or to the fixed sum option (ii) above). We look forward to hearing from you when you have had the opportunity to consider this offer with your client.

Events have moved on. I have submitted the following offer as listed below relates to action number 2 and I will post up the offer I have submitted on action 1 next. The other side have not agreed it and come back with a counter offer that will be shown in my next posting. This is an offer to settle which is not made in accordance with rule 36.2 of the CPR, it is a Calderbankoffer and the Defendants expressly reserves the right to refer the Court to this letter on the issue of the costs of these proceedings; 1 The Defendants offers to pay a single sum of money in the amount of £the full sum inclusive of all interest and to be paid within 14 days of acceptance of such offer, in writing, by the Claimant. For clarity the offer is comprised of the principle sum of £the full sum as claimed plus £xyz of interest charges (168 days @ £abc per day) as accumulated as at today’s date. The sum of £as above is to be in full and final settlement of the account numbered £$%^$ as settlement of the Claimant's claim in these proceedings. 2 The Defendants further offers to deal with the costs of these proceedings in any one of the following three ways:- (i) To pay 15% of the Claimant's costs of bringing its claim, subject to, detailed assessment in default of agreement, plus the sum of £DEF as awarded in the order against us dated 21st March 2012; or (ii) To pay the fixed sum of £???? in respect of those costs plus the sum of £???? as awarded in the order against us dated 21st March 2012 (£?,??.??in total); or (iii) To remit (only) the issue of the parties' liability for costs to the Court for determination. This offer is made in a genuine attempt to resolve the matter with the minimum of further cost to both parties and is therefore open for acceptance to ?pm on Someday ? May 2012. The reason for that deadline is the fact that if the parties are unable to reach a settlement then the Defendant as a Litigant in Person will need adequate time to make preparations and/or to finalise their case in readiness for the continuation of the action. So that you are clear as to the reasoning behind this offer, the Defendants consider that the Claimant's claim, which is currently pleaded, is founded upon weak documentation and as such they should have not rushed to litigation and should have sought to negotiate a settlement and not escalated this matter beyond a reasonable level. The Defendants cautioned the Claimant against the course of action they have taken and have urged the Claimant to engage in a negotiated settlement before and after the issue of proceedings. The Defendants intends to contend, as a matter of principle, that the Claimant should not have all of its costs, rather that they be limited merely to arguments of proportionality and reasonableness on a detailed assessment (save in the event the Claimant agrees its entitlement to costs is limited to 15%, as per alternative (i) or to the fixed sum option (ii) above). We look forward to hearing from you when you have had the opportunity to consider this offer with your client.

Well I made my mind up and ellected to go with the Claderbank offer rather than the part 36. On balance I thought the degree of flexibility offered by the Claderbank outweighed protection offered by the part 36 even though the Calderbank formed a binding contract if accepted. So we now have to see if the other side go for the offer that has been made. For the benefit of all I have made offers on both actions 1 & 2; they are very dissimilar in their content. My next step is to start penning the witness statement that will be lodged in the action against me solely (action 1). This will resemble a small book in volume as the underlying events cover about 8 years and involve both corporate dealings and personal ones. The chronolgy of events will be a key factor in my defence but the WS must refelct what was in place on what date and what was still being dealt with even after the accounts were up and running. It will not be an easy task but I will map it all out on the living room carpet before putting finger to keyboard. I want to be absolutley sure I have thisgs in the right order. The last thing I want is for the other side to pull out some yellowed piece of papoer that will shoot me down. Wish me luck!! Regards 1SV

See # 75