'without prejudice' problem HELP!!!!

[alonso]

I'm in the process of completing my AQ and have had alot of help from this forum and now ready to send it off BUT I think I've made a massive boob.

I was looking back through all the correspondence between myself and shabbey and noticed that when I accepted around 30% of my total claim as part payment I copied a letter to the court (as I already completed the N1 at that stage) saying I accept without prejudice and will continue with the claim for the full amount. Should I have done that cos later I realised that you can't use letter's marked without prejudice in court. What's the best way round this ?

[alonso]

!!!!!!!!!!!!!help!!!!!!!!!

[clarion48]

You can use 'Without Prejudice' letters/e-mails if both parties consent to them being used....I don't think the court would object to you using it...but you do need to get their permission.

Having read what you have written in your first post.....you didn't mark the letter to the court as 'Without Prejudice'.....you informed them that you had written to Abbey without prejudice.....I think maybe you should have had Abbey's permission for that. I don't know that there is anything you can do about it now......but you would not be able to use those letters in your court bundle....if it goes that far (may be settled before that).

All the best

[Lula]

I am sure that the judge will realise that as a "Litigiant in Person" you cant be expected to know all the rules, besides, you can use WP letters if they dont seem to be a genuine attempt to settle

[alonso]

Thanks

So how would I amend the total I am claiming, basically Abbey offered £600 ,my claim was £1,711.00. The offer was made a couple of days after the N1 was completed and submitted at my local court.

Is it best just to note a credit of £600 at the bottom of my spreadsheet when putting my bundle together, I'm confused as all my submitted paperwork has £1,711.00 but it's actually £1,111.00 at present.

[ohoh4312]

Hi alonso

Not 100% sure on this, but if you have a look here it should advise the best course of action:

Have you had a GOGW refund off Abbey?

Hope that helps.

Best regards

Jo xx

[clarion48]

Alonso....you are spot on!! Just put it as a credit on your spreadsheet when you do your bundle.

[alonso]

I've submitted my AQ in on Tuesday and forwarded a copy to Abbey but then got an email of Ronan from Abbey saying they would accept my offer of settlement of £1,000 . I don't want to get to excited as I haven't got the cash yet but fingers X'd. Has anyone had any success with Ronan and how many days does it take to receive the cash.