The Court is not yet aware of this part 36 offer & that is why I wanted to know whether I should advise them The matter has been listed for trial between 17th Aug-7 Sept Once I had received her payment I was then going to tell the court that the trial would not be needed
Am I right in thinking then that because I haven't actually had the consent order & therefore not signed it the defendant as a right to withdraw her part 36 offer & continue with the original proceedings?
If the reason for the delay in sending the consent form to me is because defendant is in process of withdrawing her offer if her solicitor has been aware of this I have been misled for the last 28 days!
My next action was to issue n244 to get judgement against defendant for non pyt is this too premature then?
Not sure if you got my last reply but wanted to know if there was any circumstances where the defendant could be given permission by the court to withdraw this part 36 offer (when I accepted it before the 14 day timescale) & recommence with the original proceedings. I have been in constant contact with her solicitor who assured me a consent order form was on its way to me !
If I apply to court for judgement for non pyt of her offer which form should I send how much is the Court fee I need to send with it?
yes you have been very helpful
if I require any more questions answering tin the next few days I am right in thinking I can just come back on this site & do so ?
In circumstances whereby the defendant applied to the Court to withdraw her part 36 offer before I accepted it is there a possibility that the Courts consent would be given to the defendant that the offer can be withdrawn?
What would happen in circumstances whereby on the same day I accepted her offer & she put an application in to court to withdraw the offer (or she put application in to withdraw 1 day before I accepted it?)
How would this be dealt with by Court?
well before I spoke to you today I rang the court just to check what form & fee to send to get judgement for her non payment of pt 36 offer but when I rang the clerk she thought I was the defendant & before I got chance to say anything said my application I had sent in had been dealt with on 20/5/15 but had been returned yesterday because the wrong fee had been paid ie £150 instead of £155 When she realised I wasn't the defendant wouldn't tell me what the application was for but I am wondering if it was a withdrawal request or revision to the offer I am wondering this because she has not been sending back the consent order to me & it appears she probably hasn't advised her solicitor the reason why she was delaying this matter The solicitor has replied to me numerous times saying her client will send the consent order to me but never has!!
The reason could be that a survey was done on her property on 13/4/15 which was the same day as I received her offer but when the surveyors report was emailed to us both on 22/4/15 because of the complexity of the case she had one or two points in her favour (which I could explain the reason for in Court) but because she made me this offer I didn't get back to the surveyor with my reasons for these small points because I thought everything was settled with getting the offer & so would just have been a waste of time & money!It was written in our orig court order that if we had any questions on the survey to get them to surveyor by 8/5/15! When she got survey with couple of things in her favour she may have thought it worth now withdrawing or revising the offer! I accepted the offer on 24/4/15 so she could only have replied either on 23rd or 24th (I suppose she could have replied on 22nd but we didn't get the email until quite late on the 22nd)
The second paragraph is a bit confusing to me. Can you please clarify a part 36 offer can be withdrawn by her at any time prior to me submitting my acceptance in writing or the date of the letter(13/4/15) that the solicitor advised of the part 36 offer?
The defendant resides in uk but is of Irish origin so could this effect the jurisdiction of the court.
In respect of clarification from the solicitor should I therefore ask out right what this application her client submitted is for and remind her she is duty bound under solicitors code of conduct etc
Am I right in thinking then that this £155 fee does not fit in with an application to withdraw/ amend an offer made by the defendant?
Sorry to be a nuisance!!!
Are you able to reply yet to my message at 13-55 (your time) yesterday
Sorry to bother you again (im not sure what the procedure is if you haven't answered my last question whether I can send another!) Any way I hoped you would be able to deal with both together if I sent hopefully this last question.
If the defendant has applied to withdraw her application ex -parte without serving me notice of her intention to withdraw(as in CPR pt36.9) & the Judge decided in her favour that she can withdraw would I be allowed to appeal based on the facts that I have been completely misled into believing that settlement was to be made & all I was waiting for was the signed consent order from the defendant (via her solicitor)
In light of me being misled to believe that a settlement was imminent I have not supplied questions to the surveyor which I was entitled to do by the 8/5/15 (as per the Court Order)
If I did go for appeal obviously I would wish to set aside ongoing proceedings until the appeal is dealt with.
Please can you advise how I would apply to appeal & set aside proceedings (is there a specific form?) & what are the Court fees for doing this ?
Thankyou again & fingers crossed this will be all my questions answered
thankyou so much your help has been excellent