RE: Small Claims

["Mark Hetherington" <mark.egroups@xxxxxxx>]

> From: Mark Harrison [mailto:Mark.Harrison@xxxxxxx]
> Mark,
>
> Fully agree with everything you've said.
>
> My own view would be that, when writing the letter, you should
consider
> filling in the court forms, and sending a photocopy of them with the
> letter. Do not, however, lodge them with the court at this time.
>
> The fact that one has gone to the trouble of getting the forms,
> indicates that one is both serious, and "competent" to take
this
> further.
>
> Do you think that this is a sensible approach?

Mark,

It is a great idea in principle and I see exactly where you are coming
from,
but, bearing in mind that a well paid lawyer is going to review your claim,
I think I would err on the side of caution with that one and not send them
a
copy of such documents just yet.

It would likely go against you in court, that rather than simply attempting
to settle the matter out of court, you drew the papers up then asked, with
the photocopy as evidence of your ferocity. Makes it more of a threat than
an attempt to resolve a dispute and your claim would likely get lost in the
ensuing dispute. Make promises not threats :)

Personally I would avoid it completely, but this is a way I can see it
being
useful since I do see why you made the suggestion and do not wish to
completely destroy it's potential. Consider using them in a final attempt
to
settle, prior to filing suit, by sending a photocopy on the day your
initial
time limit expires or after any contact turning your claim down. This would
demonstrate to the court that you had made attempt(s) to resolve the issue
directly but were unsuccessful, that you did not think of court as the sole
means for resolution and that you made a final attempt before filing so
that
they were aware you would not let the matter go and saw court action as the
only step left.


One thing I forgot to mention in my original post on Small Claims, is be
sure to reject any offer which is made to you (unless they meet your
demands
of course:) ) in the same guaranteed signature delivery method. You do not
want to walk into court with an outstanding offer since it will become part
of the defence. So the first letter must explicitly reject the 10% offer
made by email (unless you already did so by email of course) since
otherwise
they will just make the same offer and you will be back at square one.

If they make a new offer that is unacceptable, reject it immediately. If
within your original time limit, reiterate your deadline and your intention
to pursue the matter in your rejection. If not, then you have to choose
whether to go straight to court or play the game a bit longer.

WRT Kodak specifically, those that have "rejected" the 10% offer
by email,
have had another standard email "apology" so in the first snail
mail
contact, I suggest you reference both of these emails in order to set the
stage on paper.

HTH

Mark.