Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    idbuchanan Novitiate

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    Default Question about letters "Without Prejudice"

    After reading the FAQs, I've got a couple of questions about settlement/offer letters received from banks that are headed "without prejudiceicon".

    I know that it means that these letters cannot be disclosed to a judge if the case goes to court, and I would presume that this is because the banks know they've done wrong in taking the charges and know that a judge may see such offers of settlement as an admission of guilt (even if the letter clearly states it's not).

    My question is, if when replying to such letters would it be a good idea to add something along the lines of:

    "I am unable to accept your offer of [amount/terms] because it is not the full amount that you have taken from me in punitive charges which I am entitled to, and I disagree with your terms for [confidentiality/other terms].

    I am shocked by your continued underhand tactics. By sending such an offer as you have "without prejudiceicon" you have attempted to keep this matter from a judge should you not refund the charges and I am left with no alternative but to take this matter through the courts. One can only begin to imagine such motives of wanting to keep the full picture of this matter from the courts."


    Also, by doing this would it then allow a judge to see what they have offered? Or because it refers to the "Without Prejudice" letter, does it automatically preclude this letter from being included in any court proceedings? Eg, by referring to the offer in our replies, can we actually get the judge to see evidence that they may deem as admission of guilt?

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    Default Re: Question about letters "Without Prejudice"

    Anyone know the answer to this question, i'd be interested to know since, I also quote incriminating parts of their letters back to the banks.


  3. #3
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    Default Re: Question about letters "Without Prejudice"

    I'm still trying to find out the answer to this one - I'm looking in other places across the net. I'll post a reply if I find it as I think this could be a useful one!

    £2,352 + interest + costs claim from HSBC:
    29/12: Re-started process.
    January/February: Letters, LBA, etc sent.
    12/3: Deadlines passed.
    2/4: Court papers served.
    26/4: Defence submitted.


  4. #4
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    Default Re: Question about letters "Without Prejudice"

    I think the answer is - don't bother. The judge won't allow you to try and bypass the without prejudiceicon rules n this way.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE