I will rate the answer immediately after this message. I've a number of queries about this potential CC claim. Do I have to do this in several questions rather than holistically?
Yes, please. I have now drafted up a second letter to the LL who is a ltd company rejecting their first offer.
A few things I need to query with you ahead of sending the letter and re our previous convo, I'll put them here and then re-send separately.
We've discussed the "without prejudice save as to costs" and I've drafted up my letter with the same header.
I failed to mention previously and only just noticed that his letter also says
"I reserve the right to produce this letter offering to settle this matter to the Court".
I have therefore replicated this phrase in my response too- I take it that it means only the author of each letter can produce it and only if it supports his/her argument ( when used in conjunction to the wpsatc's phrase).
The letter says the LL will make a counter claim for reasons he has not disclosed. I'm not sure (clearly) what these are. I'm in 2 minds about asking him to disclose them, in case he makes something up and the whole matter is more complicated than it already is! Should I query this and say that if reasonable we will make an allowance or leave it?
And if he does make a counterclaim, is this just on the same court action or does he mean that he'd start another process?
I should also mention the director of the ltd company is a member of your esteemed profession :) I'm pretty sure he's committed fraud and that I can prove it- albeit in the context of having someone else create fake invoices, and omitting relevant paperwork from the mydeposits arbitration process.
He's asked for the former tenants to sign a non disclosure on condition of the acceptance of the existing offer which would prevent them from reporting the fraud- so it's an "impure" offer monetarily otherwise. I'd want the CC judge to appreciate this in case he uses the offer to show reasonableness. Any suggestions?
I am cautious about my actions firstly as the LL (or director I should say) is a property solicitor, but also as I'm doing this on behalf of others and don't want to get them in a worse situation. I'm not legally trained. I'm also not used to the court process, and feel at a disadvantage in both respects- hence the queries.
The LL has sent cheques to cover the low offer; having thought about it I feel I should return them as we're asking for a straight forward offer (without the non disclosure agreement) and for him to increase the offer. Do you have any view as to whether I return the cheques or not?
I think those are all of my queries ahead of sending the letter, but will possibly need assistance with filling the court form in if it comes to that.
Will divvy up above as requested.
Thank you in advance