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Found 20 results

  1. I am in court on Monday for a CCJ claim against me. I have only just noticed that in the other sides witness statement they have listed a proposed payment agreement by me which was sent Without Prejudice. Its too late now I know but should I raise this matter immediately with the judge or wait for the other side to use it in evidence. Obvioulsy the judge has read the witness statement now. TIA
  2. Hello all. I submitted a claim using MCOL a few weeks ago for a Deposit I gave to a Landlord (LL) when I lodged with them for 6 months, a total of £600. I am claiming that amount, including interest and court fees totalling just over £700. I took all reasonable steps to get the deposit back but the LL started blanking me and made promises to pay but never did. I started the MCOL process and they submitted an acknowledgment of service, stating they are going to defend the entire claim. Fair enough, thats their right. However herein the problem lies. I had b
  3. I have been made an offer on a loan taken out in 1994 which ended in 2003. It looks like a goodwill offer and also looks a bit "light". They dont give me exact dates of ppi payments looks like it was added at the start of the loan being about £1200. Their offer is £3300. 2 questions: 1) Can I bank their cheque "without prejudice" taking it as a payment on account to mitigate my losses, and argue about the amount later? They havent mentioned acceptance in their letter, just calling it their "offer". 2) I feel that the 8% stat interest should be compounded, not s
  4. I am about to embark on a case where a defendant has sent me a without prejudice communication full of outright lies and deceit. Almost everything in the without prejudice email is false. To what extent does without prejudice cover utter lying?
  5. What are the consequences of one party referring to without prejudice discussions in court without the consent of the other party?
  6. I'm new here and I'm sorry if I'm placing my question in the wrong section. I lost a civil court case and I was ordered to pay the the defendants' legal costs which are about £90,000. I appealed the case and the appeal was supposed to be heard in a month time. Recently I sent "without prejudice" letter to withdraw the appeal in an exchange of waving the cost order (£90,000) against me so basically settle the case and each party pay its own expenses. The good news is that they accepted the offer. My question is .. how should I proceed after that? .. I do not have a legal repre
  7. Hi, Little bit of info required as to hich way to proceed I received a letter before action - without predjudice save as to costs , yesterday, dated 27th may which i had 7 days to reply which has passed anyway the letter was from lyons davidson solicitors it says they are acting for LV in relation to the recovery of their claim incurred as a result of the above incident for which they hold me fully responsible says IMPORTANT NOTICE - under the terms of section 152 of road traffic act 1988 we hereby give you notice of our intention to commence court proceedings unl
  8. Good evening. In a two-year small claims case (yes - two years!) it looks like things are finally heading to trial*. I am the defendant/counter-claimant and litigant-in-person. Other party also representing themselves. I have just exchanged documents with the other side. On reading their witness statements, I find that one of the statements makes explicit reference to previous settlement offers from us that were clearly marked 'without prejudice'. The figures cited are figures that were presented, but are used to misrepresent the actual offers/counteroffers dialogue (to make me sou
  9. I have just lost a county court hearing against Travis Perkins builders merchant. The judgement amount is £2100. 10 days before the hearing TP wrote to me offering to settle at £1500 if I paid within 14 days. The letter is marked "without prejudice save as to costs". Their letter (sent to the wrong address) arrived just before the hearing. I did not take it with me to the hearing to hand to the judge (never thought I would lose!). I have now paid them 1500 the day after the hearing ie day 11 of the 14 days. "the said sum to be paid within 14 days from the date of this lett
  10. Hi, new to the forums but lurked for a long time over the years! I will try to keep it brief and as unidentifiable as possible. I raised an informal grievance against my boss. It was completely ignored by both him and his boss. Three weeks later I asked what was happening and was told nothing. Make it formal if you have a problem. I made it formal (and included the way they “dealt” with the informal side of things) and then almost immediately received a without prejudice offer to settle and go. I have been in my job for almost 20 years with no issues at all. The offer was stupidly
  11. I don't know if this should be in this forum or employment, but am sure one of the mods will move it if I placed it in the wrong forum? Six years ago next month I went onto leave (followed by maternity leave) from my job. I had received a letter from our Head of Personnel stating when I would be on annual leave both paid and unpaid, maternity leave both paid and unpaid and unpaid additional maternity leave. Over 18 months later I received a letter from our pay offices saying that I had been overpaid, I queried this as although there was 2 errors in the pay I received, one was an overpa
  12. My husband suffered an injury at work in October. He has been unable to work since and has recieved SSP which will run out this week.His employers (a public school) have not accepted liability for the accident and to be honest have been quite nasty. He works 3 days a week as a general maintenance man. He read somewhere that he could have holiday pay rather than SSP so he asked for 2 days from last year and 4 days accrued for this year. He received the following reply. Holiday entitlement can be requested at anytime during the holiday year but it is the employers decision when it can be ta
  13. Hi all, I have recently submitted a grievance/appeal for unfair dismissal and discrimination. I have been invited by my boss to a 'without prejudice' meeting just between the two of us. Is this something I should be wary of? I have googled a lot of info and advice protecting the employers position but not much for the employee. Any advice or tips about how to handle this type of meeting would be much appreciated many thanks
  14. Personally I cannot see any advantage, unless you are considering challenging the existence of the agreement and the debt. But it is an interesting question and I would like to hear other views. I am sure that the creditors acceptance would be so headed however.
  15. So before initiating my ET claim (and I know this will go against the grain with some people) I did speak to the employer saying that as much as I would rather not start a claim, if they wish to negotiate my losses from employment ending we can do so before going down a legal route. They felt they had done everything right so didn't need to negotiate hence were prepared to take on a case. Having started the claim their bundle list I received seems to include communication regarding this without prejudice talk. I also appreciate that even if I didn't explicitly mention my communication was with
  16. I was dismissed due to poor attendance and have been going through a lengthy appeal process. As the appeal process neared it's decision date I submitted an ET1 because I was running out of time. I am claiming unfair dismissal and disability discrimination due to failure to make reasonable adjustments. I was invited to without prejudice discussions a few days before the decision was due and around about the same time my claim was accepted by the ET. During these discussions, we explored options and it seems the most practical one is a CA (re-engagement was my #1 option but they seem
  17. Listen to this i have a son 17 and a daughter 15 whom i was paying their mother payments direct into her bank, in may last year she decided to throw our 15yr old daughter out to satisfy the wishes of her 52yr old boyfriend, so i drove the 400miles and brought her home with us, she is now settled in school and doing ok. At the time i informed my ex that my payments should reduce and made an offer she refused and handed matters to the csa, so immediatley i made a counter claim for my daughter this was in june, as my wages had to be assesed i ceased payments and put them to one side untill i k
  18. Hi Guys, After a little help, my wife is currently going through a tribunal claim for constructive dismissal/sex discrimination by her previous employer, she has recently had a face to face CMD, the judge has said she does not have to pay a deposit & there is no need for a pre-hearing review as he sees the case as "black & white" Yesterday she received a letter from her previous employers with the above title & this is what t they have said: "Further to the case management discussion held at London South Employment tribunal on xxxxx, I now fully appreciat
  19. Hi all I'm not really sure on which sub-forum this question should sit so please feel free to move it if there is a better forum. Without giving away too much detail I have a question regarding without prejudice. I hope you will understand the sensitive nature of this so I can't divulge much but I hope it still makes sense. An email was sent from Person A to Person B detailing an agreement made between them verbally. Person A's email contained "Without Prejudice" on the top. Knowing that this would not help in case of further action, Person B wrote a response to Person
  20. Hi everyone, This is a great website with tons of info. Love it! This is my first time posting on here. I am trying to deal with a court summons, and could really do with some help with the N9B defence form. ************************************************************* This is the background to the case: I have had a Barclaycard since 2000. The balance at January 2010 was £8,900. Due to various financial problems, I stopped paying them. Also in January 2010, I sent them a CCA request, and they sent me a reconstituted copy of a credit card agreement.
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