Hi. I am concerned that it would not be acceptable to amend the amount claimed on the settlement offer sent by SCM. Should I send my own list of terms, duly signed, and , if so, would the following letter (credit to curlychick for original! )be OK to accompany it?
I am hereby returning a copy of your settlement offer dated 24th April 2007, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fees’, not ‘penalty charges’ as I have submitted to the Court, is misconceived. Since to date no Court in the land has been given the opportunity to decide, in the eyes of the law, whether misconception is indeed the case, the legal basis for my claim was, therefore, sound.
In relation to the terms you have attempted to impose on the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality clause, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your client’s attempt to enforce such a term extremely arrogant. I therefore, absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from my attached list of terms prior to signing.
I would like to take this opportunity to remind you that I am bringing action against your client, not vice versa. It is your client that has decided to settle this matter out of court and as such they have absolutely no right to impose conditions upon the offer of settlement.
Furthermore, I note that the settlement figure quoted in your offer fails to take into account the extra ₤100 court fee incurred by me when the case was transferred to the Portsmouth County Court; an additional cost which could have been avoided had your client agreed to settle this dispute before the commencement of legal action.
In view of this fact, I have enclosed an amended list of terms on which I am prepared to settle this claim, with the additional amount added to the total claimed, and signed by both parties to the account.
I note that you have allowed me a period of 14 days in which to accept your client’s offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to respond to such an offer.
I reciprocate this and therefore request that the amount of £***.** quoted in my settlement statement, be paid into my account ******* within 14 days. If your client fails to comply within this timescale then I shall have no option but to continue with the Court action, which, as you have pointed out, may ‘increase costs beyond the amount at issue’.
Please be advised that I will only notify the Court to cease any further legal action, once cleared payment of the full amount claimed above has been received into my account.
I look forward to receiving the above amount at your earliest convenience, but no later than XX May 2007.
Thanks for your help!!