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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am defending a claim for monies due, and disputing the amount,

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I am defending a claim for monies due, and disputing the amount, not the fact it's owed. We've been trying to open up a channel to them to negotiate a settlement but they have ignored our requests and opted for litigation. No hearing date has yet been set, but a stay for settlement was issued by the court asking for the claminant to negotiate before a date is set. They have not been in touch to do so. I have been advised that I may be able to ask for the process to be kicked out, or stayed longer, by using an N244 which I could issue ahead of the case review on 22/07/13, as I still believe it would be better for all concerned if the claimant negotiated a settlement rather than went through a court hearing process. Is that the right thing to do, and the right process to follow? How would I phrase the response for "What order are you asking the court to make and why?" section? I'm a total novice in the world of court procedure and etiquette -- any help gratefully received! Paul
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

May I ask what kind of claim is being made - e.g. business to business or are you a consumer?

Customer:

BTB

Joshua :

Thanks. How much is being claimed and how much are you prepared to pay in general terms?

Customer:

Their claim is for 37033, of which 10500 has been paid, so they want 26533. I believe 3900 is due and payable, I'd be happy to settle for somewhere about 6000 if I had to.

Joshua :

Thanks. Has the claimant applied to the court to set a hearing date subsequent to the order for stay by the court or has the court set a deadline for the stay in the order?

Customer:

There's no hearing date set yet. There's been a "Standard Order of stay for settlement wiith consent of all the parties" with a due date for response of 08/07/13 (so lapsed). I rang teh court after hearing nothing from the claimant,a nd tehy say there's been nothing lodged with them. There's a review set for 22/07/13 when the judge will decide whether to set a hearing date or do some thing else.

Joshua :

Thanks.

Joshua :

based on what you say, the position at present is that you do not have to take any action whatsoever as the claim has been stayed by order of the court. one course of action is to simply allow the date set by the court for a management review and make an appearance in person or in writing setting out that you remain desirous of achieving a negotiated or failing which mediated settlement but the claimant has made no effort to return your attempts at communication and ask the judge to make a further order of stay or ask that the judge considers and "unless order" that the claim is struck out if the claimant does not make efforts to engage in a meaningful attempt at negotiation

Joshua :

it is also possible however to take a proactive approach...

Joshua :

you can make an application to the court asking that the claim is struck out unless the claimant makes meaningful attempts to contact you to negotiate the matter by date set by the court. such an application can be made without notice which means that you can simply make the application by writing to the court requesting such an order. The judge is free to agree or refuse such a request

Joshua :

you can make an application for further stay and that the claimant makes contact with you by a certain date or in the alternative request the appointment of a mediator agreed between you and the claimant or default of which appointed by the court to attempt to negotiate a settlement. Such an application can be made on form N244

Joshua :

A court will generally be keen to encourage parties to settle disputes by alternative dispute resolution possible for the pragmatic purpose that it reduces the amount of court time required to settle disputes which lessens workload for judges and also where it is apparent that there may be cost-saving benefits to the parties where settlement is a possibility

Joshua :

Is there anything above I can clarify for you?

Customer:

Let me have a good read, and get back to you. It looks helpful!

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though. You can return to the thread at any time if you have any further questions you would like to ask without further charge

Joshua :

Best wishes

Customer:

OK that all seems to make sense, I am keen to press for negotiation still -- courts shouldn't need to sort these things out! Can I go for belt-and-braces, and write a letter (strike out the claim) and go for an additional stay (n244)? Or do I do one or the other?

Joshua :

My apologies for the delay in reverting to you. I had to go out on an appointment and have been similarly out this morning on appointments.


Joshua :

You could make an application on form N244 and ask the court to consider striking out the claim unless the claimant contacts you to make an attempt to negotiate by date X and if the court refuses your application for strike out that the court orders a further stay of proceedings. You can make both applications in order of priority as above using form N244.

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Joshua :

You will have to pay a fee with your application which should be assessed at £80

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Hi Joshua sorry I've been away from my desk for the last couple of days. I'll re-read your response and get my head around what to do next! I'll rate you well!

Joshua :

Many thanks. If there is anything else I can assist with please do let me know.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Joshua
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LL.B (Hons), Higher Prof. Dip. Law & Practice