HFO - Turnbull Rutherford - Morgan Stanley ***DISCONTINUED***

[geee]

Thank you for your letter dated 5th December 2012 where you again refuse my reasonable offer of settlement and state that your client is unwilling to make an offer but has already made an offer of £96.oo on 17th September 2012.

 

I would just like to point out PART 38 - DISCONTINUANCE

Liability for costs Rule 38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

I am prepared to agree a reasonable offer to settle this matter without recourse to an N252 application and court action as I wish to resolve this as soon as possible.

I therefore request your final offer in writing within 7 days but would expect this to be in excess of 50% of the actual amount claimed,

 

Yours sincerely

[broken arrow]

If you are going to continue, you will have to be prepared to make that application, go to court and be able to understand and argue your points, I would make an issue of their misconduct in this matter.

[geee]

Well I wont be able to do that!!!

 

Can I not get a solicitor and then claim his fees for pursuing this matter?

[broken arrow]

I don't know if any would take it on, there is only one firm who I would recommend anyhow!!!

[geee]

What do you think then BA?

 

Why did they first offer £96 then now it's nothing?

 

My letter not worth it then?

[broken arrow]

What do you think then BA?

 

Why did they first offer £96 then now it's nothing?

 

My letter not worth it then?

 

You've tried to be amicable, now time to up the ante.

[geee]

I wouldn't be able to represent myself in court BA!

So I guess it's over but at least they're off my back now.

 

I would just like to say a massive thank you to everyone that has helped me on here, I couldn't have done it without you guys.

[broken arrow]

I wouldn't be able to represent myself in court BA!

So I guess it's over but at least they're off my back now.

 

I would just like to say a massive thank you to everyone that has helped me on here, I couldn't have done it without you guys.

 

Probally for the best, the off forum advice you received, I am aware of, he is a top bloke and really knows his stuff, I still think argued well you could prove the claimants conduct had been unreasonable in making their claim. The main thing is you beat them and the alleged debt will now be stat barred, so have a good Christmas and a happy new year.