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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 497
Experience:  Solicitor at BLM
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Last May, I submitted an online money claim against Motor

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Last May, I submitted an online money claim against Motor Easy regarding their refusal to pay for the work on my car after a warranty claim. The hearing was eventually scheduled for 5th Dec (2 days times). They have just made a 'Without prejudice' offer, and asked if I can stay the case. I am happy to accept their offer - they have agreed to do the work on the car. What should I do now? Do I need to complete an N244 form? What reason do I give? Do I need the defendant to prodive a P36?
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: County Court at Peterborough
JA: What steps have you taken so far?
Customer: Submitted an online money claim. Court hearing is on 5th December (2 days time)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The defendant has contacted me and made an offer via telephone and followed up by email - Do I need a Part 36 offer before I request a stay on the case?

Hello

Welcome to JA.

Is this a small claims matter or is the value of the claim above £10,000

Customer: replied 2 days ago.
This is a small claims matter - the quote for the work to be done is roughly £3700, but there is a also an inspection fee about about £640 to be returned

Given you are happy with the offer you can both write to the court to inform the court that the matter is settled and the forthcoming hearing should be vacated. Further for belt and braces purposes you can file a notice of disconitnace too. One thing I will mention is before you accept the offer please check that they will pay you for the all the court fees you have paid too.

I hope you understand what I have stated if not please let me know

If you do I will proceed to the next step

Customer: replied 2 days ago.
So do I complete form N244? In what manner should I write to the court - bearing in mind the hearing is on the
5th Dec?

You dont need to complete n244 form.

You need to send a letter which states at the top URGENT TRIAL ON 5/12/2019. Notify the court that the claim has settled and please vacate the hearing. Send the letter via email and once you have sent it via emai please call the court to ensure they have received it and ask them to pass it to the judge to review and ask them to confirm the hearing will be vacated.

I hope I have clarified the position if not please let me know.

Customer: replied 2 days ago.
and do I need the defendant to make the offer in the style of 'Part 36'? I have only read about this on how an offer should be made.

No the defendant do not have to make a part 36 offer.

The most important thing is you are happy to accept the offer figure and it's terms.

I hope you understand what I have stated if not please let me know.

Thanks

 

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