cases like this, I never suggest making an offer. I suggest sending a cheque not to to sols but to storage co.
Armed with a cheque in the hand for some of the amount that a person wants,
compared to an argument over the whole of the amount, (and arguments that the
person may win or lose) the cheque in the hand is a pretty powerful incentive
to accept it.
consider deciding how much you would like to pay the claimant (you need to make
it attractive enough) and send it with a covering letter headed "without
prejudice save as to costs". That means that the person cannot produce the
letter in court as any proof that you admit owing any money at all.
the claimant in the letter that you are offering this money in full and final
settlement of all claims against you, past, present and future, including legal
costs and that by cashing it they accept it as such. Tell the person that if he/she
does not accept it, they should return the cheque to you and if they issue
legal proceedings, you will defend them on the basis of A, B, C, whatever.
Do tell the claimant that this is not
your money (because you do not have it) and that it has come from someone else
who has agreed to discharge the debt for you.
the claimant that if he/she does not understand the significance of the letter,
he/she should take independent legal advice.
can tell you this approach works nine times out of 10, provided the offer is
reasonable and not derisory.
For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but most come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you.
Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html
Does that answer the question? Can I assist
further or answer any specific queries?
If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.
It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little,
The thread does remain open for me to answer follow-up questions
after rating my answer service.
Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.
PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make sense.
It is me losing it, not you. Just ask if anything is not clear please.