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JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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FAO:, following up a response which i have not sent in June.

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FAO: Jim,
following up a response which i have not sent in June.
to recall here is an answer from the defendant's representatives, in regards ***** ***** offer he has made to me and we then responded to them:I sent this on 04.06.2020Dear Mr. Dean Ibrahim,
I refer to the court proceedings and to your offer made in the sum of £25000 on 26.05.2020.
You also said you "had another proposal" for me in that same message. You sent a further
message to say:
"I can offer £25500 cash....I can pay today and close the deal. I can't afford £27995. I don't
have this". (Evidence 1 and 2 enclosed on next pages).
Under rule 24 of the Civil Procedure Rules, a party can apply for summary judgment if there
is a good reason to do so. You have made open offers (not "without prejudice"), so I can use
your offers to apply for summary judgment in my favour. I now invite you to formally admit
liability in this case for breach of my consumer rights. If you do this, the court proceedings
can continue but they will only concern the amount of money in dispute (and not liability).
I will make an application to the court in the next 7 days unless you admit liability. If I do
this, I will seek my costs of the application. You are advised that the court is likely to
construe your offers as an admission of liability and you are reminded that the parties are
encouraged to avoid ongoing litigation if at all possible. If you refuse to admit liability and
this case goes to a final hearing in a few months from now, I will refer the court to your
offers and this email upon the issue of costs and conduct.
I therefore look forward to hearing from you no later than 4 pm on 11th June 2020 with an
Tomasz Delanowski--------------------------------
they responded that - please note - they CCD THE COURT IN THAT RESPONSEWe refer to your emailed letter to our member dated 4 June.
The Court encourages parties to try and settle their differences, whenever possible.
Our members offer was a genuine attempt at compromise.
Contrary to the above, we see you now seek to use its offer as a stick to beat it with.
We consider such conduct to be wholly unacceptable and against the spirit of compromise encouraged by the Court.
We note you do not accept our members offer. So be it.
All offers by our member are hereby withdrawn.
On the facts, our member has made no admission of liability and any suggestion to the contrary is nonsense.
Patently, our member disputes your claim in its entirety, which has been its consistent position throughout.
We note your intention to apply for summary judgment now.
We opine that such application is wholly misconceived, fatally flawed and doomed to failure.
That said, you must do as you see fit.
Suffice to say, any such application will be strenuously defended on the grounds noted above, amongst others.
Take notice, our member will employ counsel to represent it in respect of your application and it will look to you for its costs thereof, in due course.
Finally, given your conduct, we have advised our member to make no further direct contact with you, going forward.
That said, please continue to serve all legal process on our member direct, as appropriate.
We will then respond to you on his behalf, as required
Yours faithfully,
Lawgistics LtdFollow up in next post
Customer: replied 6 days ago.
As I have not done it since then, now I wish to send this:Dear Sirs,I write further to your letter dated 8th June 2020. Your member made an offer below the true value of my claim because he said he was unable to afford anything more. The fact your member is impecunious is not my concern and you now call in to question my conduct. I have been more than amenable in this process and had your client taken his obligations to me under the consumer laws seriously, we would not be in this regrettable position. You seem to say your member makes no admission of liability yes his offer was NOT made without prejudice and indeed, he confirmed he couldn't pay the full claim. Why then is this not an admission of liability by implication, if not expressly worded?.You will be aware that if there are facts in the case whereby the court "could" dispose of this case without having to take up court time and costs of going to trial, this is much more preferable. If this case does not end up at trial, I will refer the trial judge to the messages making the offers (I am perfectly entitled to do so given it was not marked "without prejudice") and, if I choose to instruct counsel, I will ask counsel to make indemnity costs order against your client. I am of the view that prospects of success are favourable given the above - if your member cannot pay the inevitable judgment in my favour, be in no doubt I will use all enforcement methods available to me to ensure I am paid. Perhaps if you purport to act in your member's best interests, you will advise him of the situation to do the right thing and settle this case now without having to go to a contested hearing. I reserve the right to produce a copy of your vexatious email, together with this reply, to the court upon the issue of your client's conduct and my costs.Yours sincerely,Please let me know if the above is still relevant as we have not heard from the court about directions.

Hi, this is Jim.

Yes, it is still relevant in my view - you could send their email offer to the court and ask the court to make directions to include summary judgment for you. If it does that, the court will then only be concerned with the value of the claim, not liability. So the court will list a "disposal hearing" where it will assess your damages. It won't hurt to send the court a copy of the email correspondence and invite the court to grant summary judgment under Part 24 of the Civil Procedure Rules 1998. The court should do this as the offer was not made without prejudice - meaning you can show the court at this stage, and it seems to admit to paying you most of the money back, so there is no reason why you need an expert report and for the case to continue. You should still get the report until the court responds to you though. The whole reason for the report is to pin blame on the defendant.
I hope this helps?

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 6 days ago.
OK Jim
I sent that. :)
Now, I will construct as short letter with copy of their offers and send to the court as you advised before.
I will make new question for you to check it over, at a later time.
Thanks !

No problem at all - many thanks