Hi yes, the case involces a vehicle under an agreement with two other defendants. One of the defendants is a company who in in liquidation, the other is the director of the company in liquidation who had signed as Guarantor and Indemnity to the agreement.
The Claimants claims against me are denied and I have recently issued amended defence following an amended particulars of claim issued by the Claimants solicitors, would you like me to paste the amended defence to you as this sets out their claims and my detailed defence in response, thank you.
The original offer issued during the pre court action period in August 2012 was not issued as a part 36 offer as it was conditional on settlement by repayment over a period of time, please refer to the attached (1 - Letter to Claimants solicitors from D3, dated 02.08.2012)
The amount being claimed by the Claimant in the POC against the Third Defendant (me) is for £19,229.44, as outlined below in the amended Particulars of Claim issued at the second court hearing on the 19th December 2012 (please note all the Claimants claims are disputed as detailed in the amended defence)
The Claimant solicitors sent a letter in December 2012 seeking acceptance of the Claimants claims or risk a summary judgement, please refer to (2 - Letter to D3 from Claimants solicitors, dated 20.12.2013)
In January 2013 I issued a response in which I set out my position and asked the Claimant to reconsider my original offer as being fair and reasonable settlement to the Claimants title of the vehicle and in settlement of their claims, please refer to (3 - Letter to Claimants solicitors from D3, dated 02.01.213)
Whilst awaiting a response, I issued an amended defence in January 2013, as requested by D3 at the amended POC hearing on the 19th December 2012 and ordered by the court , please refer to (4 - Amended defence of D3, dated 17.01.2013)
The Claimant solicitors issued a counter offer for £8,950.00 in damages plus the Claimants costs incurred in this matter being £5,100.00 split equally between the Second and Third Defendant = £2555.00, a total of £11,505.00 with £3,005.00 being paid immediately and the remainging balance being paid over 17 months x £500.00.
If I accept the Claimants counter offer by 4.00pm on 5 February 2013 the Cliamants solicitors will document the terms of settlement by way of a consent order, please refer to (5- Emailed counter offer from Claimants solicitor to D3 dated 29.01.2013)
I have since requested (by return email) a breakdown and justification as to why they consider I'm liable for a share of their costs I will not be surprised if they do not issue this information or respond at all, please refer (6- Emailed request for further information from D3 to Claimants solicitor dated 30.01.2013)
The correspondance referred to above is listed below and copies are attached as requested; (unfortunately I don't seem to be able to attach these documents so I have issued them via an external Microsoft SKYDRIVE link below which if you click on will take you directly to them for download located in the folder called "Touchwoodsden - Folder 1"
1 - Letter to Claimants solicitors from D3, dated 02.08.2012
2 - Letter to D3 from Claimants solicitors, dated 20.12.2013
3 - Letter to Claimants solicitors from D3, dated 02.01.213
4 - Amended defence of D3, dated 17.01.2013
5- Emailed counter offer from Claimants solicitor to D3 dated 29.01.2013
6- Emailed request for further information from D3 to Claimants solicitor dated 30.01.2013
I do hope this is everything you need at this time.
Kind regards Ashleigh