One of the things that you have done, and this is a fatal
mistake, because you are in dispute, you have paid nothing.
I think you need to at least pay the amount that you are offered.
cases like this, I never suggest making an offer. I suggest sending a cheque.
Armed with a cheque in the hand for some of the amount that a person wants,
compared to an argument over the whole of the amount, (and arguments that the
person may win or lose) the cheque in the hand is a pretty powerful incentive
to accept it.
consider deciding how much you would like to pay the claimant (you need to make
it attractive enough) and send it with a covering letter headed "without
prejudice save as to costs". That means that the person cannot produce the
letter in court as any proof that you admit owing any money at all.
the claimant in the letter that you are offering this money in full and final
settlement of all claims against you, past, present and future, and that by
cashing it they accept it as such. Tell the person that if they do not accept
it, they should return the cheque to you and if they issue legal proceedings,
you will defend them on the basis of A, B, C, whatever.
the claimant that if they do not understand the significance of the letter,
they should take independent legal advice.
can tell you this approach works nine times out of 10, provided the offer is
reasonable and not derisory.
For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but was come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you.
Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html
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