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Help - Settlement Made but not sure what to do!

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Hello everyone,

 

At the moment, I am involved in suing a vehicle finance provider for penalty charges. Recently, both I (Claimant) and the Defendant had to submit our court bundles - I got mine in very early as I was going to be unavailable for a few days before the deadline. Checked with court, they received my hearing fee and bundle - no probs. However, the defendant failed to submit their bundle - instead they wrote to the court and I advising that they would settle for commercial reasons. They said they would only settle after I had discontinued my claim. However, I though this was very unfair, after all what if I had discontinued my claim and they didn't pay up - I would have had to start over. Anyway, I have written to the defendant and said as soon as you pay I will file the notice of discontinuance.

 

Does anyone think I have been fair and reasonable here?

 

Thanks,

 

TFT


09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Anyway, I have written to the defendant and said as soon as you pay I will file the notice of discontinuance.

 

Definitely the only thing to do! If you discontinue you now, before it's settled, you're knackered, basically, because you can't restart the claim when they don't pay up.Let the claim continue, get judgment against them and enforce it with bailiffs as soon as poss.

 

BAE :)

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