highlands
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Just received; It appears we are agreed that the court action can be dismissed on a no expenses basis. I shall email the sheriff clerk on Monday, copying you in if you would be good enough to respond confirming the agreed position. I am aware of the Form 9E. If my clients were unilaterally abandoning the action I would lodge the Form 9E and would not require to seek any agreement from you to do so. However, my instructions are to seek to agree a mutually acceptable settlement. I will therefore proceed as previously suggested. Kind regards,
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Received following response; Thank you for your email below. The offer advanced, on a purely commercial basis, was to dismiss the court action on a no expenses basis. As you will be aware, the Order of the Sheriff dated 7 January 2021 encouraged parties to make contact and to advise the sheriff clerk if settlement was agreed in advance of the Case Management Discussion. If you are agreeable to the court action being dismissed on a no expenses basis I can simply email the sheriff clerk and advise that matters have been resolved on that basis. If you are content that I copy you in by email then a short response from you to the sheriff clerk indicating your agreement to dismissal no expenses should allow the court to cancel the Case Management Discussion fixed for 11 February 2021 and dispose of the court action as agreed. I look forward to hearing if you are content to resolve matters as suggested. If so, I will email the sheriff clerk and copy you in to enable you to respond and confirm. You may wish to seek your own independent legal advice or contact your local Citizen's Advice Bureau or other free debt advice agency. Regards,
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