Without Prejudice

[29spots]

I managed to get a DCA to agree to an arrangement but they were to confirm that they would not take any legal action while we stuck to the arrangement. They did agree but the letter they sent to confirm this has "without prejudice" on the top of the letter.

 

I heard that these letters are not admissible in court, is this true?

 

I am concerned that the DCA will go back on their word and start legal proceedings.

[Newborn]

It is generally true that a without prejudice letter cannot be brought before the court without the originator's permission. So they could conceivably go back on it if they were not honorable people.

 

Newborn

[car2403]

Without prejudice just means that they don't have to stick to the arrangement agreed to - but then, neither do you.

 

They would put this on automatically to protect their position if you didn't pay.

 

I'd say you have nothing to worry about, as long as you stick to the agreement, as I can't see anything that suggests otherwise here?

 

There is a general view that DCA's are dishonest - but as long as they accept and you continue to make payments agreed, you should be ok. They may get heavy at a future date, but come back to CAG if you need to.

 

No need to tempt fate here, I feel...

[29spots]

Thanks that has put my mind at rest, it was hard enough to get the arrangement out of them and to stop any legal action. They wanted to make us bankrupt, and it was hard work to get them to back down.