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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 542
Experience:  Solicitor at BLM
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If I send them a Part 36 can they send me one back? Or does

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If I send them a Part 36 can they send me one back? Or does it stop whoever gets in first?

Hello

They can send one back to you but it doesn't mean they have REJECTED yours.

Customer: replied 11 days ago.
Thank you. Since they’ve lied, denied everything, and only when app to strike out was accepted by court (and not thrown out - I assume there was a chance the court would have put it in the bin if there had been nothing substantial in there??? Please confirm) only now are they coming like ‘oh listen I’m so nice and I want us all to get this sorted out, they now want to meet and apparently settle.

What would you do? Which settlement process would you go down? What would be your tactics?

Bear in mind I’ve been through a horrible couple of years, and in my view with this, it literally can’t get any worse. If they bankrupt me they bankrupt hey ho. So I’m not in a real panic to settle, it would just be nice I guess.

Hi

Just in a traffic on route home, so once I get home I will respond properly which should be about 8pm.

I hope that's ok.

Customer: replied 11 days ago.
Thanks so much.

Hello

Thanks for your patience.

I suggest a Part 36 offer be made.

I will likely go in first with a high offer I.e let's say your claim is worth 10k and the lowest offer you will accept is 5k, I will go in with an offer of say 9k. Then if your 9k offer is rejected then you can keep going down until you reach your lowest point.

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

 

Customer: replied 11 days ago.
Interesting, why wouldn’t you go in at £10k

Because the court will take a dim view on an offer made which is the full value of the claim.

Customer: replied 11 days ago.
Ok thanks, so generally you’d start at 90% less?

Yes because if you start at 50% or less then all they would is knock it down with a counter offer. Therefore aim for the stars and hope to land on the moon.

 

Customer: replied 11 days ago.
Dead right! I’d have just gone in at 100% though. Does no one do that?

Not really so dont be surprised if you dont get a response to the offer or the offer is rejected. However you never know it may be accepted.

Anthony Chendo and 3 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thanks you have been great!

Your welcome and have a good night.

Customer: replied 10 days ago.
Hi can I ask your thoughts about submitting an Interim payment application? How long would it take and how likely am I I to get it? Many thanks! (Sorry I cant start a new question for some reason)

If they have not admitted liability then its a risky move because if you lose you will pay costs.

Customer: replied 10 days ago.
Ok thank you.
Customer: replied 10 days ago.
I was going to try to apply due to adverse inference, but is that tetchy as well?
Customer: replied 10 days ago.
Thanks, since I’ve applied to strike out their defence on the back of 20 false statements in their defence, backed up by 70 pages of black and white evidence. And since court has issued a hearing for said application I was going to rely on this:


(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim;
Customer: replied 10 days ago.
If the court thought my app to strike out defence was not good they wouldn’t have vacated CCMC and arranged hearing for application? Or is that standard procedure?

Hi

That is standard procedure, further there is no guarantee your application will be successful.

Customer: replied 9 days ago.
Thank you! One final thing: I have an additional piece of evidence proving they have lied and I’m writing to them and the court about it. Can I say: “unless you reply by 4pm on *7 days from now* I will assume you have admitted that this was a false statement and accept liability for the consequences of what really happened’ (put more professionally). Or will that not stand up?

It is unlikely to stand up in court because a liability admission must be in writing for it to hold weight in court.