Onliine Claim Help

[Isiris]

Just looking and hoping someone could dot the "i"s and cross the "T"s for me on something

I raised a claim against someone for £9k

They have been in touch via their solicitor with the usual we don't admit liability etc etc but will settle for the amount. I agreed and they said they would send over a Settlement Agreement

Now they have BUT they want me to file a notice of discontinuance BEFORE they pay me PLUS they want a confidentiality agreement. I have said I want payment before I file the NOD but I have also said if you want confidentiality then there will be a £1500 premium for this as if this went to the local press, it would affect them massively. That wasn't my intention by the way but we move in similar circles so I don't want to be under the threat of litigation without some reward

Just to add, I can also file for summary judgment as they are way past acknowledge ment and was unsure as to whether to do this to strengthen my position but didn't want to look harsh if it did go to court and they claimed I did this out of spite while negotiating. 

[BankFodder]

I'm sorry but you've given us scant detail – and you have been here long enough to know that we need to understand the story thoroughly in order to give you the best advice.

This means that you need to give us a bullet pointed chronology so that we can understand dates, sums, who the parties are and what the issues are – at least that.

As you put a claim in, you should put up the claim form in PDF format – and presumably they have filed a defence and you should post that up as well in PDF format – redacted for identifiers.

 

[dx100uk]

why not do a consent order?

 

dx

 

[Isiris]

Evening BF

As of yet they haven't filed a defence as commented that they haven't even acknowledged the claim

In regards the claim, as I have made an offer of a fee for confidentiality, can I share it in advance?

[BankFodder]

6 minutes ago, dx100uk said:

why not do a consent order?

 

dx

 

I was thinking a Tomlin order – but certainly although we haven't heard anything about the story yet, if they have passed the date for a default judgement I would be putting in for a judgement. I'm not aware that one is prevented from putting in for a judgement if there is some kind of negotiation going on.

However we need to know the story

[Isiris]

Draf Agreement.pdf

Redacted N1.pdf

Edited January 26, 2021 by Isiris

[BankFodder]

I haven't read the draft agreement – it's too involved but I get the gist from the claim form. Thank you

 

I would suggest that you tell them that you want this agreement rendered into a Tomlin order.

It seems to me that on that basis you are both protected.

 

I suggest that you write to them tomorrow or phone them and say to them that if the agreement is rendered into a Tomlin order then you are good to go.

I'm a bit concerned because according to the claim you are claiming over £10,000 and the interest and that takes you into the fast track

[Isiris]

No, my balance was just over £10k so to keep it in small claims i claimed for £9000 and said I would keep the other £1000 in my account for when it was reopened. I knew that they would close the account anyway

What are your thoughts on the confidentiality element?

 

[BankFodder]

Well as I say, I haven't read anything about the agreement particularly.

Have they agreed to what you're asking in return for confidentiality? And also is there a risk that if you insist on selling them confidentiality that it could prejudice the entire agreement?

Let me say, that in principle I totally agree that people should not give away confidentiality for nothing

[Isiris]

There is no defence. The balance is on the account as stated. The issue revolves around Source Of Funds. You will have to trust me on this part but I work in gaming in a Senior Roll of a larger competitor. They do not need source of funds as I am winning £15k from them. I refused to send them a copy of my contract which they asked for to support my spending. This isnt applicable as my first deposit was £100 and I am infront with them ever since. 

If they did defend, I would apply for a summary judgement as like I said, there is no defence. 

 

[BankFodder]

You say there is no defence – but they may decide to put something up.

You say also that you will apply for summary judgement – but at this level it will be quite difficult and quite time-consuming. I suppose you're not confusing summary judgement with default judgement?

Anyway, it looks as if they want to settle and I would suggest that in order to secure your position you have it rendered into a Tomlin order.

Put it to them. As they are using a solicitor, tell them to draft the Tomlin order so you can have a look at it and coming and suggest any amendments.

 

[Andyorch]

You can't request SJ as the defendant has not AOS or Submitted a defence....yet....and then you would require the courts permission to make such application in the absence of a defence....you request a default judgment once the period has expired (19 days from issuance date) 

 

I wouldn't have reduced the claim to fit the track as claims slightly over the threshold can still be allocated to SCT if both parties agree.....the £1000 residue complicates your position.

 

Im not sure why a consent order is required if they are happy to settle...simply admit and pay.....end of claim.

 

Andy

 

 

 

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