Court proceedings and a settlement offer

[stupidboy]

Hi,

 

I'm posting this for someone else as the CCC involved have discovered his/her identity on this site and are using postings from it in an ongoing court case (date fixed and coming up soon).

 

Basically, it is the normal CC debt and a favourite company is proceeding with a court case. They have failed to disclose at almost every turn, and have now sent a letter (from their solicitor) offering a percentage settlement, presumably in order to avoid the court case.

 

I was of the impression that once proceedings had been started for a finite amount, that it was an abuse of process for any negotiations to take place over the debt, and that this should fatally flaw the CCC's action.

 

Have I just got this wrong, or does it make a difference that the offer has come from the solicitor, rather than the CCC itself?

 

Thanks in advance.

 

stupidboy

[cerberusalert]

Post moved to Legal Forum

[palomino]

I was of the impression that once proceedings had been started for a finite amount, that it was an abuse of process for any negotiations to take place over the debt, and that this should fatally flaw the CCC's action.

 

On the contrary, the court expects that the parties must make an effort to come to a settlement prior to any hearing. The claimant's solicitor is acting correctly in this respect, albeit on the instructions of the claimant.

[stupidboy]

On the contrary, the court expects that the parties must make an effort to come to a settlement prior to any hearing. The claimant's solicitor is acting correctly in this respect, albeit on the instructions of the claimant.

 

Okay, thanks for that - must have got lost in translation somewhere.

 

Presumably if the offer is rejected and the court finds for the claimant then the defendant is a lot worse off with the judgment than they would have been prior to the offer?

 

In other words, the CCC's solicitors are not convinced they will win, and the discount offer is brinkmanship?

 

stupidboy