Car pile up on A road, car written off, TPFT only

[AndyOrch]

You only disclose documents and statements when the court directs.....otherwise you give your opponent an unfair advantage. 

[The Phantom]

Understood.

I told them as much really.

[The Phantom]

To be on the safe side I have e-mailed the court today asking them to confirm that the Directions I received (1 page plus a response form) was all I was supposed to have.

As the other example uploaded by Andyorch is so much more comprehensive I am worried now Truro County Court  didn't put all the pages in the envelope when they posted it to me and there could be some missing.

 

I have e-mailed them today and asked for clarification

 

They don't seem to number the pages like 1/4 ,2/4, 3/4 and so on,  so you can see how many there should be.

They haven't done that on AndyOrch's example either, although there are a number of pages. So although I have only one page that ends in a complete sentence, in theory there could be more that may not have been included in the envelope.

 

So may be better to double check

 

Edited May 20, 2020 by The Phantom
type & additions

[AndyOrch]

No harm checking....

[The Phantom]

I'll also try and give them a call tomorrow, but not convinced I'll get through.

But I will double check this issue

[The Phantom]

All is well.

I got a response from Court via e-mail this morning !!

They say I have everything I am supposed to have, so no missing pages.

[AndyOrch]

Lets hope so.....court staff are not usually known for their accurate advice....but its quite norm when a trial date has yet be set that directions are given separate.

[The Phantom]

I have heard nothing more from Court so far, I have chased them but no response

 

However, just now this evening I have received a settlement offer from the Solicitors Plexus Law. They have offered the full amount apart from interest. I am claiming 8% , they are offering 2% interest on the amount.

Not sure if that is standard negotiating practice or simply a mistake on their behalf.

 

So far I make it 128 days since the 4th of February when I started the claim / issue date.

Daily rate at 8% would be £0.57 = £72.96 so far. They have offered £20.44 in interest.So £52.52 short as what it should be

Edited June 11, 2020 by The Phantom

[BankFodder]

I expect that they are doing it to save face in front of their clients.

When you say full amount – does that include all your costs?

Does the offer say that it is without prejudice save as to costs et cetera?

[BankFodder]

And what is the value of the difference between what you are claiming with 8% and what they are offering with 2%?

[The Phantom]

Yes, their offer includes damages (full amount), costs incurred so far (full amount) and 2% interest on top of this.

 

At the moment I make it 128 days since the claim was issued.

Daily rate at 8% is £0.57 , so at the moment at 8% I should get £72.96

They have offered interest at 2% and have worked it out as £20.44

 

So the difference is £52.52 in interest which I would be short

 

It does say WITHOUT PREJUDICE SAVE AS TO COSTS as a header in the e-mail

[BankFodder]

Quote

Dear X X X

 

I’m in receipt of your settlement offer in which you are attempting to compromise on the amount of interest I am claiming.

The answer is no.

Your client – and presumably following your advice – has attempted to avoid liability for a collision which was most obviously her responsibility and you have sought to do this by causing as much inconvenience to everyone as possible and more seriously by wasting the valuable scarce resource of a publicly funded court system.

This matter could have been settled easily and more cheaply a long time ago.

Now you have the cheek to make a last-ditch face-saving proposal in order to make your client think that following the advice wasn’t a complete waste of time.

Please feel free to show this letter to the court if you wish. I shall certainly do so if that’s where you want to go to.

 

Yours sincerely

 

 

[The Phantom]

Thanks for that BF !!! 

 

[AndyOrch]

Bear in mind should this proceed to a hearing and you do attain judgment....section 69 interest is awarded at the courts discretion...not always the full 8%.....subject to the circumstances of the claim....so you may end up with 3/4/5 %...why not negotiate and state you will accept 5 % ?

 

http://www.legislation.gov.uk/ukpga/1984/28/section/69

[The Phantom]

I haven't send my response yet, wanted to let them wait for a few days.

It is certainly also a good suggestion - thank you for that

 

I will have a think over the weekend and respond to them on Monday

[BankFodder]

If you decide to do that then try this amendment:

 

Quote

Dear X X X

 

I’m in receipt of your settlement offer in which you are attempting to compromise on the amount of interest I am claiming.

The answer is no.  I'll settle for 5% interest and I won't go any lower so don't push it.

Your client – and presumably following your advice – has attempted to avoid liability for a collision which was most obviously her responsibility and you have sought to do this by causing as much inconvenience to everyone as possible and more seriously by wasting the valuable scarce resource of a publicly funded court system.

This matter could have been settled easily and more cheaply a long time ago.

Now you have the cheek to make a last-ditch face-saving proposal in order to make your client think that following the advice wasn’t a complete waste of time.

Please feel free to show this letter to the court if you wish. I shall certainly do so if that’s where you want to go to.

 

Yours sincerely

 

[The Phantom]

Ok, I have sent the letter offering 5% interest.

 

I also had an update from Court about the case Friday evening via e-mail.

The judge has given new orders / directions. These have been sent to be typed up (?) on the 8th of June and I should receive them within 7-14 days after that date

[The Phantom]

I just had a response from Plexus Law

They have accepted my counter proposal of 5% and said they will send a cheque for the relevant amount.

 

I now await the arrival of the cheque.

 

Obviously I won't stop court proceedings until this has cleared into my account

[BankFodder]

good. I suggest you write to them and tell them the court proceedings are continuing until you have received the cheque and it is cashed

[BankFodder]

What pathetic nonsense from this company Plexus Law – what a load of time wasting for a measly little saving.

I certainly wouldn't think of instructing them at all – for anything.

[The Phantom]

Plexus Law is a legal bulk processor for insurance companies and other large corporations.

Maybe they thought this would be a good practice case for a paral legal, let her go through the motions with all the paperwork.

Considering it was only small fry for Direct Line with  a claims value of less than 3K

Also it bought Direct Line some time, they were obviously behind on their case and claims paperwork , by defending, filing a silly defence it bought them an additional 4 months or so, knowing very well how slowly the court system works.

 

They never intended to let it go to trial to be honest, just dragging it out a bit to give their claims department time to catch up

 

I think to Direct Line it makes no difference whether they pay £2700, £2800 or £2900. Their monthly postage budget will be higher than this, so they let a para legal stretch the process out a bit.

 

 

[The Phantom]

Received this from Court today.

 

As I haven't received payment I will continue for the time being and finish my court bundle.

I just have to number the pages and complete the bundle index, so maybe another 30 mins work left.

 

But I assume I will receive a cheque in the next few days, apparently it has been raised....

Truro1.pdf

[AndyOrch]

Lets hope so...then you will have to issue a Notice of Discontinuance on the court and defendant.

 

https://www.gov.uk/government/publications/form-n279-notice-of-discontinuance

 

Andy

 

[The Phantom]

Have received the cheque today, paid it in through the post office this evening.

Now waiting for it to clear.

Will prepare N279 and send off once cheque cleared. Expect that to be sometime next week

[AndyOrch]

Dont forget to serve a copy on the defendant also.