Making an offer

[Guest iolande]

Is it possible as a claimant to make an offer to only one defendant and not the other? Or is an offer to one automatically an offer to all?

[honeybee13]

Hello iolande.

 

I think you need to tell us some more about what's happening please. Have you posted about this case before?

 

HB

[Guest iolande]

Hi there,

 

I haven't posted it before. Basically two of us are being sued for an amount but the other defendant has been made an offer that if he drops the case then they will pay him the amount of the claim. Apparently they just want to sue me and make sure I don't get any (I've been told all this verbally of course).

[honeybee13]

Hi there,

 

I haven't posted it before. Basically two of us are being sued for an amount but the other defendant has been made an offer that if he drops the case then they will pay him the amount of the claim. Apparently they just want to sue me and make sure I don't get any (I've been told all this verbally of course).

 

Thank you for that.

 

I expect the legal people will be along later. But to help them advises the claimant an organisation or a private individual?

 

HB

[Guest iolande]

Hi. Its a private individual. And family member of the other defendant.

[honeybee13]

Thank you.

 

And what is the claim for?

 

HB

[Guest iolande]

For a 55,000 gift that they are now claiming was a loan

[honeybee13]

Right, I see.

 

What do you have in writing about the £55k and how far has the court case gone please?

 

HB

[Guest iolande]

So far there is the court papers been issued, I have the demand (gave 2 weeks to pay and then went straight to court), a document the other defendant apparently signed way back when. That's it.

[honeybee13]

Thank you again, I don't understand the bit about an offer being made to the other defendant, could you elaborate please?

 

HB

[Guest iolande]

Apparently there is an agreement that if they agree not to contest then after the trial the money will be returned to them. What I was wondering was if they are allowed to enter into an agreement like that with the other defendant.

[honeybee13]

I would have thought not. You're both named as defendants on the court papers, are you?

 

HB

[Guest iolande]

We are. That's why I am a bit confused.

[honeybee13]

So are you thinking that the other defendant will go through with the case and then be paid off or are they being removed as defendant? It doesn't sound right.

 

HB

[Guest iolande]

I think they are going to pretend that they are party to it and then benefit afterwards

[Guest iolande]

I'm wondering if they have found some legal loophole whereby they can make an offer to the other defendant for the monies yet still make a claim on them with me. I.e. get the other defendant removed and leave me holding the baby so to speak

[honeybee13]

Well, they would have to remove the other defendant through the court.

 

What paperwork have you had from the court so far please? An N1? And any other papers?

 

HB

[steampowered]

Yes, it is possible for the claimant to make a settlement offer to only one defendant, and they do not have to extend that offer to you.

 

The more important question is whether an offer made to the other defendant could increase your liability.

 

There are two types of debt in English law. You have "joint and several" liability which means the claimant can recover the whole amount from only one defendant. If the debt is "joint and several", they don't need to make any arrangements with the other defendant because they could recover the whole thing from you anyway. You could, potentially, sue the other defendant for a contribution though. Then you have "several" liability which means the claimant can recover only a particular share from each defendant. If this is a case of "several" liability, you are only liable for a share of the debt and hence it doesn't matter what arrangements they make with the other defendant.

 

You will need to provide more details regarding the nature of this debt and the stage you are at with court proceedings if you want to receive a clearer answer as to where you stand.

[ThedaBara]

So are you thinking that the other defendant will go through with the case and then be paid off or are they being removed as defendant? It doesn't sound right.

 

HB

 

Sounds like fraud to me.... TB

[Guest iolande]

I guess it all doesn't matter anyway as I can't afford a lawyer and I can't afford to travel to the UK (and can't anyway as I have small children and I'm a single parent). The judge has given me a week to do one or the other or will enter a default judgement. There goes any chance I have of giving my children a stable home.

[martin2006]

Which country do you live in if you cannot travel to the UK and also where did the claim get sent to if not in UK?

[Guest iolande]

Australia in both cases. Too far/too long to leave my children. And who would I leave them with? And I'd have to bring another adult to the UK to look after them if I want there. I'm broke and in debt from paying lawyers. I asked the judge for an exemption and he replied he'd rather see the case concluded then give me extra time to arrange finances. Sorry, I'm feeling a bit depressed from it all

[honeybee13]

Could you tell us what paperwork you've had from the court please, iolanthe?

 

I imagine you've had an N1? Are there any other documents?

 

HB

[Guest iolande]

N1. We've had the pre-trial hearing and I have a couple of days before I have to inform the court whether I will go ahead. I asked for more time so I could raise finances, but was told no. Trial is in 5 weeks. I just ran out of money when the solicitor suddenly gave me a huge up-front fee (I had another solicitor at the firm, but she left and no one told me and they consequently were not trying to settle the case as requested and then told me at the last moment that the pre-trial was only a few days away. Quite unprofessional)

[honeybee13]

Hello again, thank you for the information.

 

I see there are people hovering on your thread, but I have a question please. As I understand it, you didn't sign the paper for the gift/loan, am I right?

 

HB