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Agreed a settlement, solicitors now involved and same settlement agreed???

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I have an old tenant who has taken me to court for not protecting a deposit.

I didnt get a deposit but it was so long ago I put my foot in it by protecting a non-existent deposit,

thats another story.

 

Short story is that we agreed on an amount to settle this before tenant left, all in writing on email.

 

 

I sent over part payment and then part of the agreement was to send over the rest of the payment on satisfactory return of property.

 

 

In this time I then went back to UK and found old contract showing nil deposit and old bank statements with no deposit received.

 

 

At this point I was at the stage of well I had already agreed on this amount, saying yes I would give deposit back, so I had shot myself in the foot.

 

the property was left in an awful state,

£5k later to sort it out,

 

 

I sent letter, on 7th May saying what you gonna do and no reply,

I didnt give the rest of settlement as I was waiting for her to get back to me.

 

No call and then I get court papers,

They started on 10th May,

she moved out at end of April.

 

 

I received all these court papers for a claim of 3 times deposit.

I asked them why didnt they call or speak to me before doing all this and they insisted that I hadnt made any effort to settle????

 

I send a without prejudice offer of twice deposit,

they have now sent a part 36 offer of the same amount

and have asked that I pay all costs, £1700 costs??? and then 2 timed deposit......

 

Other issues,

I want to throw case out,

I havent got a deposit,

I want to couterclaim but where do I stand with this offer,

 

 

surely they should have at least tried to contact me,

the costs are alomst twice my offer????

What can I do about the costs??

 

I am out of UK and would rather settle as this is a headache I dont need.

I cant even go on about my other personal issues they are a nightmare, just bad timing....

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Has the claim been allocated to a track?. If so is it small claims track (rather than fast- or multi- track)?

 

"Part 36 offer" relates to CPR 36, and CPR 27.2 (1)(g) notes that CPR 36 doesn't apply to the small claims track.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.2

 

If the "part 36 offer" fails to meet the requirements for it to be a part 36 offer it won't have the cost consequences of CPR 36 (though it may still be a valid Calderbank [CPR 44] offer).

https://keoghs.co.uk/keoghs-insight/aware/part-36-vs-calderbank-offers

 

Additionally, IF the claim is in the small claims track: costs are limited in the small claims track. So, consider this carefully before accepting what looks like a Part 36 offer if the claim is in (or almost certain to be in) the small claims track.

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Yes, please tell us more about the claim. What is the value of the claim? Please could you post up the claim form in PDF format here.

 

Now that you have found the contract showing that there was no deposit I would certainly put in a counterclaim for the return of money paid under a mistake.

 

Even though you have agreed to repay money, it seems to me that there is no reason why this agreement shall be binding in the circumstances.

 

Of course, if you are out of the UK then you won't be able to deal with it. Don't you have someone in the UK who can open your mail and scan the documents to you?

 

Please start off by telling us more about the claim in a careful and chronological way.


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Thanks for replies and just getting back on to this.

 

So as we speak this is a Part 8 claim, from what I gather as its a no win no fee solicitor they get paid from costs and Part 8 seems best way for them to go unchallenged and get as much in as they can.

 

I sent in a letter to Court and Judge has kept court date of next Tuesday. But has said it shall proceed as a Directions hearing. In my letter I asked for case to be thrown out as there was no deposit and also the fact that I wanted to counterclaim for damages to the property.

 

If I counterclaim will it be a normal small claims court process and will the no win no fee solicitor lose interest?

 

I was willing to agree settlement but as I said the solicitor wants £1,700 costs so its just not an option, where do I stand with that? Costs will increase if we go to court and then court again, so this will only go up.

 

I want to settle as I am out of the country, the otherside are now coming out with witness statements saying I took money in cash etc. and she is basically a lying b$%$£ and has obviously convinced her solicitor and also I want to be seen to be making an effort to settle before court but I see the solicitors costs as the stumbling point in all of this.

 

Also why didnt the solicitor speak to me before going gung ho into it all, no letter nothing to me?? Is that right?

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I do have the contract, I got it last week and will send it this week.

 

Also they have also requested deposit from DPS scheme so me putting this money in there that they didnt give and claiming wasnt protected they are getting the full benefit of doing so....

 

What a waste of time.

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