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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A friend of mine lent me some money, i couldn't pay her back

Resolved Question:

hi
a friend of mine lent me some money, i couldn't pay her back in one lump sum so she issued me with a money claim online, i sent her a without prejudice offer, of a monthly payment, which she accepted and the hearing was vacated. Shortly after, new information came to light (that it wasn't my friend but someone else lent the money, it's complicated) so, i sent my friend a Part 36 CPR rules withdrawal of WP Offer letter, she will have received the withdrawal today, what will happen?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear the offer was accepted please?
Alex

Customer: replied 1 year ago.
it was accepted
Expert:  Ash replied 1 year ago.

Ok - then it can't be withdrawn, this is now a contract.

There was an offer, then it was accepted. Therefore the contract can not now be rescinded.

So in reality it cant be withdrawn and you would need to explain to a Judge why you now want to breach this new contract.

I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
could I write to the judge and explain why i withdrew the offer in the light of the new information?
Expert:  Ash replied 1 year ago.

You can, but you need to make a formal application to re-instate and have a new hearing.

You need to complete form N244 and make a formal application which the fee is £100

The form is here:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

Can I clarify anything else?
Alex

Customer: replied 1 year ago.
that is brilliant, thank you, ***** ***** at work, (im a nurse in a busy walk-in centre!), i will contact you tomorrow if i need anything else xx
Expert:  Ash replied 1 year ago.

Sure. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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