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Old 5th September 2006, 17:28   #1 (permalink)
gordonhall
Gold Account Customer
Default without prejudice

If I have to send all letters etc to the courts, and I send one from the bank which was marked "without prejudice" how bad would this be?

Does it just get overlooked by the judge, or will I get my wrist slapped (or worse)?
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Old 5th September 2006, 17:34   #2 (permalink)
Glenn UK
Platinum Account Customer
 
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Default Re: without prejudice

i guess the obvious question is why do you want to send something marked without prejudice?

And i think its considered very bad form and unless you have a very good reason like theyre threatening you or something similar then i dont think you should send it.

I believe the judge will disregard it and anything connected with it. If the judge suspects you knew you werent supposed to disclose it then it will definitely put you in a bad light.


JHMO

Glenn
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Old 5th September 2006, 17:38   #3 (permalink)
gordonhall
Gold Account Customer
Default Re: without prejudice

thats fine. I'm just about to send off my paperwork, and obviously they have made an offer (unacceptable of course). In my paperwork is a set of correspondence dates, and in there it mentions they have made an offer, but I won't be sending the actual copies of letters.

Just wondered what the outcome was likely to be. Thanks for the answer.
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Old 5th September 2006, 17:45   #4 (permalink)
Karnevil
Platinum Account Customer
Default Re: without prejudice

Gordon i wouldnt send it at all even a mention of it in a list of letters sent and received.....
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Old 5th September 2006, 21:00   #5 (permalink)
gordonhall
Gold Account Customer
Default Re: without prejudice

oh well, too late. All I have is mention of another letter that abbey sent, but I won't be including that in with the supporting evidence that I've sent in to the judge.

I'm sure it won't even get to the courts anyway.

On a slightly seperate note Karnevil - how are you going on with yours - heard anything yet?
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Old 6th September 2006, 01:34   #6 (permalink)
Odd Fellow
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Default Re: without prejudice

It's possible that if a judge happens to handle material that's "WP" then he may decide that he cannot continue with the case and request that it be reassigned.

This could introduce a delay and wrong foot you.

This is from my limited knowledge of the system - it may or may not be correct.
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Old 6th September 2006, 02:13   #7 (permalink)
gordonhall
Gold Account Customer
Default Re: without prejudice

Wow, didn't know it owuld get that serious.

Anyway, it was all hypothetical. I haven't sent the judge anything and now there is no reason to!!!

I've just checked my answer machine messages this evening and there was a message from Abbeys solicitors, asking me to call them back.

Seeing as today (Wednedsay 6th) is their final day to get papers to me, and looking at Karnevils result today, I'm assuming they are settling with me in the morning.

I'll confirm as soon as I have a result!

Thanks anyway for people getting back on this matter.
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Old 6th September 2006, 10:55   #8 (permalink)
gordonhall
Gold Account Customer
Default Re: without prejudice

All settled. At the last minute - as is usual with Abbey, but they have phoned me yesterday (I was out) and again today, and have offered to make full payment.

I won't stop the case until the money is in my aco****, but its another victory for all of us, not just me!
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