How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am being taken to court and I would like to offer to

Resolved Question:

I am being taken to court and I would like to offer to settle out of court. What should I say?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
It's a bit of a long story. My landlady/ agent wouldn't release my deposit at the end of the tenancy. I ended up approaching the tenancy deposit scheme which took months to conclude that I should be returned my full deposit. Now the agent is taking me to court for some fictitious bills. His only defence is that there are some items I was due to pay for such as window cleaning and oven cleaning but they never sent me a bill or contacted me regards ***** ***** just retained my deposit.
The court asked if we were interested in a free mediation service. We both said yes but there was no space available so we proceed to court. I thought I could offer say £50 without prejudice to try and settle out of court.
Expert:  Ash replied 2 years ago.
Yes. You can write and make an offer to settle. But you need to title it: Without Prejudice save as to costs.
Therefore once you make this it cant be disclosed to the Court. Therefore you can make a written offer (and make sure it is in writing) and you can settle.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thanks Alex. What happens if they show the letter to the court?
Am I ok to write and copy via email? Do I need to use recorded delivery?
What happens if they reply via email?
Chris
Expert:  Ash replied 2 years ago.
They can't the Judge wont want to see it. You can send it by email only, you dont need a hard copy. No need to send recorded.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok thank you.
Customer: replied 2 years ago.
Hi I have now recieved a letter from the Judge. See attached. Please advise what it means.
Customer: replied 2 years ago.
I cannot add files for some reason.
Customer: replied 2 years ago.
Before the judge.....upon it appearing that Claimant may be the Letting Agency and not the Landlord.
IT IS ORDERED THAT
1. By 4pm 3 July 2015 Claimant shall clarify in writing whether it is the Letting Agency and if so the basis upon which it is entitled to issuing this claim.
2. A party affected by this order may within 7 days of service of it upon him apply to the Court to have it set aside, varied or stayed.
Dated 22 June 2015
(Letter dated 26 June 2015)