My Mum in court next Friday - ***WON***

[elsinore]

We're looking at it, Emsie.

 

Somebody will get back to you a.s.a.p.

 

Els

[elsinore]

Hi Emsie.

 

LTSB have lost the privilege conferred by the phrase ‘Without Prejudice’, because they have reneged on their promise to settle and pay you. So you can show all the documents to the court. You can support this with the extract from LTSB’s Q & As, which Michael quoted in post 6 above. Also, I’ll find some suitable paragraphs on the subject to support your position further.

 

Furthermore, if a solicitor/barrister shows up, and you have enough time, you can approach him/her and draw their attention to the offer, pointing out the loss of privilege.This should at least throw him because he probably won’t know about it. It might induce him to check with LTSB there and then and possibly reconfirm the offer. That should mean that you get your money a bit quicker. You should also inform him that you will be applying to the court for a wasted costs order, to recompense you for the cost of preparing bundles and attending court needlessly.

 

Even it all goes your way, you must still go into court with the lawyer and explain that agreement to settle has been reached, so that it is on record.

 

If nobody shows up, then you do exactly the same thing as above with the judge, who I suspect will be a little displeased with LTSB. You might not win a wasted costs order, but it’s worth a try.

 

Let us know if you need anything more.

 

Els:)

[elsinore]

You can also inform the lawyer representing LTSB that you will be reporting their conduct to the FSA, as it will be considered to be a serious breach of the terms of the FSA Waiver.

 

Els

[elsinore]

CONGRATULATIONS!!!

 

Well done, Emsie!! :D