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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26775
Experience:  Senior Partner at Berkson Wallace
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I have received a part 36 offer for settlement on my house

Customer Question

I have received a part 36 offer for settlement on my house with my ex partner. The value he has used to calculate the offer is £500,000. When asked to produce this valuation it has been proven not to exist.
JA: Where are you? It matters because laws vary by location.
Customer: Kent
JA: What steps have you taken so far?
Customer: None legally but now feel I need legal advice. He has rejected my counter offer but appears to be using the part 36 as a ransom.#]
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He paid nothing towards the deposit and blackmailed me out of a deed of trust raised on a previous property. He now expects to profit from that money.
Submitted: 16 days ago.
Category: Law
Expert:  Stuart J replied 16 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 16 days ago.

Can you take me back to the beginning please?

also what happened re this deed of trust?

what do you think house is worth?

who is living there at moment?

Expert:  Stuart J replied 16 days ago.

Let me explain part 36 offer.

It relates to Civil Procedure Rules part 36.

A part 36 offer has to be in the particular format and even solicitors were getting wrong so the government kindly produced this totally compliant form:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688550/n242a-eng.pdf

The effect of a 36 offer is that if a Claimant refuses what is in the offer and proceeds blindly to court and fails to BEAT the offer, then the Claimant pays all the legal costs from the date of the offer including the defendants costs of the trial and of course their own costs. Bearing in mind that the big costs are at trial a Part 36 offer is a good incentive to settle.

It’s easy to get round the valuation by simply getting three agents to come round and give estimates of how much it would sell for.

I’m sorry to say that part 36 is a ransom. Well having said that it’s not so much a ransom as a powerful incentive to come to a settlement. The idea is to stop people being greedy just blindly going to court.

What you have to consider is whether, realistically, you are going to beat the offer because if you don’t, it’s going to be expensive.

You can always make a part 36 counter offer but a claimant’s part 36 offer is not as powerful as a Defendant part 36 offer but it still has the same effect.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 16 days ago.
I have an offer from my ex agreeing a value of £475,000 which is the average of 3 valuations obtained by me.
I am living in the house at the moment with my two young sons.
It is a very complicated scenario but he refused to go ahead with the purchase if I were to insist on protecting my deed of trust. I paid 100% of the required deposit which he now feels entitled to.
Customer: replied 16 days ago.
Does it make any difference if the part 36 is based on a valuation that does not exist??
Customer: replied 16 days ago.
IE. Fraudulent?
Expert:  Stuart J replied 16 days ago.

You need to bear in mind that these kind of beneficial interest applications can easily cost the loser GBP50,000 and in those circumstances, you need to avoid court and do a settlement where each party bears their own legal costs.

In the light of those cost statistics, the difference between GBP475,000 and GBP500,000 is not worth arguing over.

However you say that you have an offer from your ex agreeing a value of 475,000 but initially, you said that his offer was based on 500,000.

To my mind, the basis of the offer is irrelevant.

The offer is what it is.

The valuation may give the reasoning behind it but the amount of money that he will settle for is the amount of money that he will settle for because it doesn’t matter actually what the property is worth unless the matter gets to court.

In a nutshell, it does not matter what the basis of the part 36 is, it is just the financial amount in the part 36 which is relevant

Expert:  Stuart J replied 16 days ago.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 16 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart