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Hello, I’m looking for some help. Please.

 

Here’s a brief run-down of my issue – as a sole trader I carried out some work for a large company.

 

We only had a verbal discussion of rates (nothing in writing) and my understanding of the amount discussed was a day rate and the companies understanding that it was a completed installation rate (there were a number of installations that took more than one day).

 

We have been in discussions for over a year and I have sent the company an invoice and a Letter Before Action.

 

The original invoice was made up of day rates, but this was rejected by the company and they offered a without prejudice amount based on completed installations, which was less then my invoiced amount and therefore did not accept.

 

I have recently dropped my rates by a small amount and sent a new invoice to the company in an attempt to reach a settlement – they have also rejected this.

 

My question – would this be classed as altering a legal document and if so, would this affect my position when court proceedings are issued, which I intend doing soon?

 

If it does affect my position could I instruct the company to ignore or destroy the new invoice and revert to the original invoice?

 

Many thanks in advance.

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In need of further help, please.

 

The case has now been issued in the small claims court and the defendant has filled a part admission of approximately 50% of my claim.

 

I have just received a cheque to the value of the part admission - would i be accepting the defendants offer in full and final settlement if I deposited the cheque or should I wait for the court hearing?

 

Thanks in advance.

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How have you responded to the part admission?

 

Was there any correspondence with the cheque offering the payment in full and final settlement? Did they instruct you not to cash the cheque if not acceptable as a settlement or impose any other conditions? Was the cheque from the company or a third party?

 

In general terms, so long as there is not clear intent in making a F&F settlement that this will halt any further action, then you would be free to pursue the balance of the claim. It may though be advisable before banking the cheque to inform the other party that you do not accept this as a F&F and clearly state your intent to continue action to recover the balance, and stating a figure which would be acceptable in order to withdraw the claim.


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You could return the cheque and make sure that the court form is filled in to reject their offer and you are pursuing the full amount. A cheque isnt payment in the same sense as cash is so the sending and receipt of one isnt binding until it is cashed so you can just hold it until the court date.

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How have you responded to the part admission?

 

I have rejected their offer.

 

 

Was there any correspondence with the cheque offering the payment in full and final settlement?

 

It was sent without any correspondence and was handwritten on their official company cheque.

 

 

.....and clearly state your intent to continue action to recover the balance, and stating a figure which would be acceptable in order to withdraw the claim.

 

 

Thanks Sidewinder, I have written to the company declining their offer and stating an amount that would encourage me to stop the claim.

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You could return the cheque and make sure that the court form is filled in to reject their offer and you are pursuing the full amount. A cheque isnt payment in the same sense as cash is so the sending and receipt of one isnt binding until it is cashed so you can just hold it until the court date.

 

Thanks ericsbrother, I think it may be in my best interest to hang on to the cheque - until after the hearing.

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Hello, here is an update:

 

Me and the defendant attended a preliminary hearing last week - the judge has informed me in a letter that I may amend the POC as it was unclear my claim was for a breach of contract.

 

I am writing a new POC and find that a lot of information in it will also be in my evidence - it runs to 3 pages and rambles on a bit.

 

Can I delete the parts not needed or should I put a red line through them and leave in?

 

All the documents I have sent to the court were handed back to me at the hearing by the judge, so the they don't have any copies of my original paperwork.

 

Thanks

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Hello there.

 

I expect the knowledgeable people will be along later, but I thought POCs were meant to be brief. 3 pages sounds like the whole of your case.

 

HB


Illegitimi non carborundum

 

 

 

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Indeed the Particulars of Claim should be the bare bones of your claim.

 

have left a message for those who know about these things to look in on you.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Here you go....

 

 

If the defendant response was a part admission (N9a) then they should have also completed the defence (n9b)...the claimant could have accepted part payment and proceeded for the balance through the defence....unsure from the thread how this admittance was processed.

 

As the Judge has requested a rewrite of the particulars...it should be short/ succinct/ and to the point stating the loss and the breach...and then expand either through further particulars or statement of case.....reading between the lines this looks like a manual claim and not MCOL.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CB. I've reduced the POC to one page.

Still not sure whether to leave the original wording or get rid of it.

 

I'll make my decision tomorrow, as it needs to be at court by 4pm.

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Hello,

 

I had my hearing yesterday and I thought the case would be settled one way or the other.

However, mine (the claimant) and the defendant's witness statements had mentioned a previous Without Prejudice offer and the judge has told us both to redo our witness statements.

He has also instructed me to reduce my statement from 8 sides of A4 to 3 sides.

The judge has also said he can not be involved with the next hearing so another judge will deal with it and the existing witness statements will be placed in sealed envelopes.

 

The judge also said that my case is weak and the fact the case has dragged on for over 3 years that the eventual winner will be able to claim for time spent at court or words to that effect - when he said this he was addressing his comments mainly to the defendant.

 

Because of the judge's comments I spoke with the defendant after the hearing and said I was willing to accept their offer - they declined as you would expect due to the judges comments.

 

I'm wondering now whether to carry on or withdraw the case to save extra costs. Can a case be withdrawn?

 

Would there be anybody who may kindly look over my 8 page statement and provide any advice?

 

Thanks in advance.

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Is your claim over £10k?


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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This is on small claims. Unless the looser litigated unreasonably i cant see costs being an issue.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Is your claim over £10k?

 

Hello Caro, my claim is under £10K and as SabreSheep mentions it is going through the small claims court.

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