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Found 18 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 been using the LLs current address to send all my formal letters and put it into MCOL with served the particulars of claim to them at that address (thus enabling them to submit an acknowledgement of service). However in their acknowledgement of service they put changed their address to their old address where they no longer live and havent done so for a year. This now means further documentation from the court will go to their old address - and my best guess is that when it comes to it they will try and get the claim set aside because they haven't received further court correspondence (because they've intentionally put an old/false address). Does anyone have any advice on how to deal with this? Thank you!
  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 simple. I would be grateful for any help on this. I have downloaded the spreadsheet, taking £1000 as the initial PPI payment from 01/01/1994 gives simple interest of £1,921.92 but if you use standard compound (1+r)^n * £1,000 = (1+0.08(rate)))^23years*£1,000 = £5,871.46 then add on the principal £1k = £6,871.46 why is it simple instead of compound? the fair calculation of loss is the amount foregone each year, which is the interest lost each year and interest on that interest for the following year?
  4. What are the consequences of one party referring to without prejudice discussions in court without the consent of the other party?
  5. 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 representation .. should I sent to the county court informing them about what happened or should we write and sign a contract between the parties ? I would really appreciate your help.
  6. 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 unless settleent is received within next 7 days they are trying to claim just under £1800 they go on to say just send a cheque for the full amount within next 7 days made payable to LV within 7 days of date of this letter, Please note the sum claimed is without prejudice to any further claim LV'S insurance may have against me The only thing i can think thhis is about is an incident which happened a few month ago - I contacted my insurance and heard nothing else - I had pulled up in my car and was about to get out, when i caught sight of a car coming round a blind bend I tried to pull my door shut again but the wind caught it and blew it open - the car didnt have time to stop (my opinion was going to fast) so swerved around me and side swiped the on coming car - no 1 was hurt and all give details - i spoke to my insurance and explained what had happened and and they agreed it wasn't my fault and heard nothing more about it until this letter arrived on my door mat yesterday any advice would be appreciated thanks
  7. 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 sound unreasonable), without copies of the actual letters included. Question: can I ask the judge to dismiss this witness statement as inadmissible? Alternatively, can I choose to agree to having the 'without prejudice' letters admitted - but ALL of them including the other side's (although none have been included in the exchange documents)? This latter option would make it quite easy to show that the other side is unreasonable. Also, given that the claimant has effectively disclosed in a witness statement that they have offered to settle by paying me, does this imply they have 'dropped their claim'? Can they still go to court on their original premise, namely that I should pay them the outstanding part of their bill? Two other questions: Two of the statements share about 60% of the wording - word for word. As witnesses are meant to write statements 'in their own words', is this grounds for dismissing the statements? Also the witness statements provided by the other side are unreferenced (i.e. allegations without referring directly to related documents, such as quotes, e-mails, product data sheets, etc - although these, with the exception of the 'without prejudice' letters, are included in the exchanged documents, connection to the witness statement is not shown). How would a judge treat a statement that isn't referencing the relevant information? I have looked everywhere online for information specific to the main query, but I can't find anything that explains what I need to know. Can anyone advise me, ideally with reference to relevant law info that I could cite if necessary? Thank you so much. Sue *Details, in case anyone wants to know: the case concerns withholding final 10% of a bill - for faulty windows/fitting. Then being sued by joinery company, and counterclaiming. JOINT Expert report, commissioned a year into the case after pressure on claimants by a judge, found that the company owes me money, not the other way around, due to the nature of the defects - 6-10 times the amount they sued for. Judge at the last hearing pointedly advised parties to find a way to settle out of court. Claimants refused any reasonable offers of settlement (under 50% of max total expert estimate) and made what I consider silly offers (roughly 10% of joint expert's estimate). So far no joinery company I asked has been willing to take on the mess I have been left with, so I think the windows will need replacing - which will cost more than small claims maximum.
  8. 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 letter" is the only stated condition. I wonder about applying for a variation on their judgement when the court order comes through. Anyone got any wisdom on this?
  9. 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 low. I responded with an equally high offer which was rejected. I was shocked as no one had sat and had so much as a conversation with me about what was in the informal grievance. The boss has behaved as if the employment relationship is over. My staff have been called to the office to be asked how they will cope on their own and offered support, I have been told not to attend the office whilst off sick (I was signed off for the first time in my life, just after I handed in the formal grievance) and very junior members of staff have been told not to let me in the building as I have raised a grievance and they don’t want me there! They told me I was not to attend the Christmas party as we were in negotiations, and then as soon as it was over, first thing Monday morning they withdrew from negotiations. Not a big deal in the scheme of things but I think it shows the intentions behind the negotiations were not genuine. So, obviously now the employment relationship is over, but not by my choice. I think from googling that perhaps by sending me a WP offer before even discussing the grievance and how I would want it resolving, that WP wouldn't be applicable and that he effectively ended the employment. I made it very clear that I would be willing to attend mediation. So even though I responded, because there was no dispute at the time, without prejudice doesn't apply. There is loads of background stuff as well but the two main points not above are; another director offered mediation which I accepted, then when he also heard nothing for weeks he chased it via email and HR said that I had refused to attend any mediation. I have the taped conversation that proves I accepted the offer, and the informal grievance also clearly states that I believe mediation to be the way forward. So HR is also compromised, as is the procedure. The director I complained about has laughed in my face previously about how no other director would ever go against him in any grievance or disciplinary. He pulls the strings, blah blah blah. He has then appointed his best friend to chair the hearing. I have objected in writing stating why and offering several other very suitable alternatives but he refuses to have anyone but his friend deal with it. So if you have got this far thank you! Any advice about how to proceed would be gratefully received. I have a few days holiday owing from last year which I have insisted on taking so that I can see a solicitor so I have a small window to decide what to do. After everything they have done I have my head around never going back there again. The thought of having to go in and be normal around everyone knowing that the boss wants me out makes me feel sick.
  10. 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 taken. It would be quite unusual to pay holiday entitlement unless the contract has come to an end when we would of course factor in any accrued holiday not taken' Is this true? I cant see any reason for refusing other than making life difficult for us.
  11. 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
  12. 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.
  13. 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 without prejudice the rule can still automatically apply. Question is, how do I get them to remove this item from the bundle i.e. what's the best approach? Many thanks
  14. 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 reluctant to consider that). We agreed to meet again in a few days (now tomorrow) having both taken advice with regards to figures. In addition, I was asked to agree to suspend the appeal process (decision would have been due today) whilst without prejudice discussions continue. I agreed and we pushed back the decision date 3 days which allows us to meet again. So to the meat of my question. Should I have been asked to suspend the appeal process? Should I have agreed? It seems to me that if they make their decision on the appeal they are somewhat committing either way and both options (upheld or otherwise) have ramifications. I can see why it's in their interest to postpone it. I was given the impress that if I refused to suspend the process then I'd also be bringing an end to the without prejudice discussions and the chance of a CA. This wasn't plainly stated but I think I was deliberately given this impression because they fear to make their decision. Bear in mind that the 'without prejudice' discussion invitation came both just before the decision due date AND just as the ET3 was probably received. So either could be the trigger but I expect it's the ET3. If the discussion draws out further and they ask for another extension, should I refuse? If I refuse, is it likely it will terminate WP/CA discussions or is that just a smokescreen? I get the feeling if I force their hand on an appeal decision, they will just uphold, because that seems to carry the least ramifications. Yes, it would add the element of improper process to any claim but surely overturning the dismissal would admit liability. Am I reading too much into something that is merely pragmatism? Would like some objective viewpoints. Many thanks. Bonus question: What is the general advice around re-engagement? It's the box I ticked on my ET1 under 'what I want'. I know it's very rare for an ET to force a company to take an employee back. The organisation is huge and I am fairly capable so they can hardly claim there is no potential of posts IMO. Re-engagement is also intrinsic to my particular case, as I'd been asking for different duties for some time and highlight re-deployment as one of the #1 reasonable adjustments that should have been considered. Does that make any difference? Does their obvious reluctance to consider re-deployment (I am fairly confident they will say they considered it but it wasn't possible) weaken their position? Would a flat out refusal of re-engagement weaken it more? Bonus bonus question: Sorry My search terms have hit these forums a lot in the last few months and it seems like a knowledgeable and helpful community so I wanted to solicit some advice directly. Stream of consciousness here, forgive me. Vento bands. I'm having trouble placing my case. They seem.... crude. The final three months of my employment I was set attendance targets that were objectively unreasonable. This actually made me more ill. Failure to consider adjustments throughout the management of my illness prolonged difficulties. The last three months of this appeal has caused my considerable stress, my disorder is anxiety and depression based. Finally, when I was first diagnosed (several years back) my employer ignored the problem (they knew it was disability and it was causing my to have sickness) for a year or so until I had a total breakdown and was off work for 6 months. So I don't know what band that will qualify for. It's hard to get perspective when you're so close to all this. Sorry for the essay. I am grateful for any opinions or advice at all.
  15. 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 knew the amount i was paying, my first payment was 1st of december last year a weekly amount, her first payment of £5 a week was october 19th last year paid at £10 a fortnight. Now ive had the phone call about my arrear..thats fine...but when i asked about her arrears she doesent have to pay as she is on benefits..what!!, i know this is wrong, but not to worry it is pennies any how, but i recall the csa woman telling me back in june that if my ex is claiming benefit jointley with her partner i would only get £2.50 a week...i recieve £5.. funny how her boyfriend always answers the phone when i call to speak to my son? obviousley shes claiming on her own? i have never grassed anybody in my life, but i will have great pleusure in filling in all the benefit cheat forms and give her a hard time for a change, she wont throw my child on the street just because a lover moves in and decides he doesent get on with my daughter, she deserves all she gets!
  16. 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 appreciate how you argue your case in relation to your sex discrimination & constructive dismissal claims. Having considered your case I am afraid xxxxx cannot accept your case as you suggest it to be. It is our contention that your case is misconceived. you reply on the fact that you were not able to return to work on the same contractual hours prior to you going on maternity leave. We are confident that we will be able to prove to the tribunal that you were offered the right to return to work on the same terms as requested. Accordingly & having regard to the CMD on xxxxx, we write to advise you that under rule 40 of the Employment Tribunal (Constitution & Rules Procedures) Regulations 2004, a Tribunal Judge can make an order for costs where the "..Bringing or conducting of proceedings has been misconceived", for these purposes, misconceived means the claim has no reasonable prospect of success. In light of the above, we would invite you to withdraw your claim as we believe it to be misconceived. If you decide to continue your claim, then we put you on notice that we shall make a costs application against you at the final hearing, you should be aware that Tribunals can award up to £20,000 for wasted costs. We reserve the right to show this letter to the Tribunal on the question of costs." Does this sound like a Tactic to get my wife to drop the claim? Thanks,
  17. 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 A basically detailing everything that Person A had sent and agreed to what Person A had stipulated. THIS DID NOT CONTAIN WITHOUT PREJUDICE. Person A 7 months down the line has instigated court action and denies that any verbal or written agreement has taken place. Can person B show the email response they sent to person A to the court or does that fact that Person A's initial email contained without prejudice preclude the response being submitted also? Many Thanks Andie
  18. 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. I have not paid them or contacted them since then, however now they have sent me a claim form from Northampton county court bulk centre for £9,900 (although MKDP are named as claimants). The particulars of the claim are: " the claimant claims the sum of £9,900 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard 4929************ and assigned to the claimant on 10-10-2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum of £9,900 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. " ************************************************************* Can I first be clear that I am not trying to get out of this debt, but I do not have the means to pay. I do not know if MKDP collections are just trying it on at court, or whether they have something solid to back them up. So now I need help with these questions: 1. Barclaycard only sent a reconstituted agreement in response to my CCA request. Is the debt unenforceable in court because of this? 2. Barclaycard only sent a reconstituted agreement in response to my CCA request. Does this mean they don't have the original executed agreement with my signature, and because of this, is the debt unenforceable in court? - Or is this just wishful thinking on my part? 3. What are the prescribed terms and what should I be looking for in the details of the reconstituted agreement that they sent me? 4. Part of the defence form says "if you fail to deny any allegation it may be taken that you admit it". I do not want to admit to anything, in case it is used against me at a later stage. In light of that, how could I word my defence and/or what should I include or leave out? ANY help will be greatly appreciated. Thanks all.
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