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MrNumbskull

Part 36 offer

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A month ago I had a mediation appointment, where the defendant made me an offer of 20% of the claim value, which I refused.

 

As of now, there has been a change in circumstance where it is no longer necessary for me to pursue the claim. (The claim was for a poor car repair, but I have sold the car without having the work re-done). This leads me to consider that there isn't any 'loss', i.e. I am not out of pocket because I did not have the work done elsewhere. The only consideration is the time and grief involved.

 

I understand that anything discussed / offered during mediation is confidential, but, I would like to write to the defendant and accept this offer. The amount is very low and was the first offer made before I terminated the mediation, so I doubt that there will be any refusal on the defendant's part.

 

But, should the defendant refuse, I want to be able to show that I have offered to settle for a low amount, but that amount was discussed in mediation which I cannot mention.

 

I have also read that part 36 offers do not apply to small claims in this document under 'Timing of Part 36 Offers': http://www.stevens-bolton.com/files/8314/5286/2519/part-36-client-guide--april-2013.pdf

 

Have searched here but not found anything relevant.

 

Thanks

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Hi Mr N

 

Did they actually state it was a Part 36 offer and do you have it in writing as conformation ?

 

Regards

 

Andy


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Because it was mediation, I didn't speak to them. The mediator went between parties on the telephone. I am quite sure that Part 36 was not mentioned at all. I do recall that 'without prejudice' was mentioned though.

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I doubt it was also....just negotiate a settlement and then you can either discontinue your claim or finalise it by way of a Consent Order.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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