well ill give them 1 week from when i sent my letter on the 17th and ill send another:
which i also got the letter template from this forum, i certainly couldnt word letters so well myself:
still ill just hound them now until they finally decide to do something.
im also gonna send a copy of all my letters ive sent to them to try resolve this to the courts this week,
hopefully im getting it right?
Dear Sechairi Clark & Mitchell
I am contacting you due to the fact that XXXXXXXXXXXXX, has ordered the months stay you requested to enable us to attempt to settle this matter out of court before the December 07th 2006..
As I have contacted you on several previous occasions to see if you will enter into dialogue regarding my claim against your client, and received no response, I once again write to you to attempt to resolve the matter.
What I feel is required is an honest and sincere attempt to clarify the issues so as to produce a solution which represents a just result - such as the court itself might produce, but without the help of the court. And for us to work out what is the legal right and to agree a solution based upon that right.
This is my interpretation of the judge's order so I therefore propose that we attempt to deal with the main points.
1. Penalty Charges
If the charges are indeed a penalty for breach which is the consensus of me and many others, this is yet to be disproved by your client.
I agree therefore that your clients are entitled to recover losses caused by my breach. However, I do not agree that your client may profit from such a breach - and they cannot dispute this as it is already settled in law.
Alternatively if it does turn out that their charges are for a service and not imposed because of a breach (which at the present time I am not admitting to), I would agree that they are entitled to make a profit. However, my position is that your client is only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Supply of Goods and Service Act 1982.
The first point above which is the major point of disagreement and is also the most easily resolved by your client, if they will simply provide a breakdown of their actual losses in relation to my particular case, based yearly as they can not claim that the costs or losses to them is the same in 2006 as it was in 2001. Then after examining the supplied information I would be willing to agree to whatever it discloses, and we can move forward.
As to the second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which I feel is far more suited to be decided by an independent lawyer - such as a judge.
I hope that you and your client are being as sincere as I am to attempt a settlement of this matter through open dialogue, without the necessity of bringing the matter before a judge.
Therefore I await your response to this correspondence, as the time you requested expires shortly and you have yet to contact me.
I would be grateful if you could confirm receipt of this letter please
again thanks to this forum as couldnt of got this far with out the support