Its a no go with trying to reach a compromise. 5 tempts over the 4 months that this action has dragged on.They don't even acknowledge the offer to find a solution. Very dogmatic people, hell bent on wasting other peoples time and money.
We set aside 4.5k to fight this all the way through litigation. We had no other choice but to defend our good name, first class reputation and integrity. We are not thieves, cowboys or bodge artists. We are a very busy professional sole trader with 4 highly skilled employees.
It is clear to us (as we early on suspected) the ability to pay for the work 4 months ago has never been there and this action is to disguise that fact.
The plaintiff agreed to arbitration, twice in two separate emails, a month ago, and now, when asked to draw up an agreement, suddenly prefers a free service. Logic dictates, to me at least that you do not agree to something, as a litigant in person, before knowing what one is agreeing too. The fact is was only 2 days ago that they checked the costing attached to arbitration suggests to me, (as has been the case right from the off) they are on a mess-about.
We counter-claimed the claim, for the sum of the original invoice. The thinking is to end this before we get dragged in to weeks, if not months, of mediation, is start proceeding if it is that no response to the counter claim is received out of time. We will show the court the undertaking, and how we have tried very hard to negotiate a compromise. Worth a punt?
Attie, the link to the Hand book. Thanks so much for posting. A great guide for amateurs entering in to litigation for the first time.