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    • Hello. So I’ve found this high-end turntable on some Dutch Gumtree equivalent. Seller seemed like a nice guy who's agreed to go through the trouble of posting it to the UK. So I’ve paid with PayPal opting for buyer’s protection. 4 days later I’ve got a phone call that the courier is at the gates to the estate. I've ran to the lift all excited. As I stood waiting for the lift I saw through the window the courier taking out the box and dropping it on its side (it has to be carried horizontally). I hoped it's not my turntable...but it was. When I came down I was upset and asked him why in the world would he drop it on its side when it clearly says ''handle with care'' and there are clear arrows on the box indicating that it has to stay horizontal. All he said was - ''sorry, you can refuse it if you want''. I've told him that I’d like to report this and asked him for a form to do it and asked what the procedure is. Their van was blocking the gate and there were other cars so I’ve asked him to park the van and he just snapped a pic of a parcel on the ground (they don't need a signature because of pandemic), jumped in the van and left... I was just standing there in disbelief. I waited a bit maybe he'll turn around and come back but he didn't, I went onto the app and all I’ve found was that parcel status has changed to 'delivered' and there was a picture of it on the ground uploaded.  Couldn't find any way to report what has happened on their app, apart from leaving a feedback for the driver. Took it home opened the box hoping the damage would be minor. so the acrylic lid (£250) is broken, the tonearm (£1310) has been broken off, the cable (£250) is ripped off, the motor speeds are off, the plinth and the deck have scratches (don't know how to evaluate that).  Phoned dpd- got no reply, went onto their chat system and was told to just send the pictures of the damage to the guy in Netherlands as he has to start the case as he was the one ordering the delivery. The seller has been really cooperative. And after hours on the phone he's got a reply asking him to send photos of the damage and the damage costs which he's done, after two weeks they have send him a form to fill, which he's done and it's been almost 2 weeks since. No reply. It's been really annoying as I’ve spend a lot of money and don't know what the situation is. I have 'PayPal buyer’s protection' but I don't want the guy who's sold it to me to be out of his pocket as it's not his fault that the courier was so incompetent. What are my options? Can I do anything on my part to speed this process up and what would my options be if dpd wouldn't agree to pay the adequate compensation? Thank you
    • What happened BRS, contacted me after the accident and wanted to repair the damage i agreed i told them don't you want to go through the insurance they said no !. I said ok you can repair the damage, they asked me for more details about the damage so they could post the job on mybuilder.com. Anyway i emailed them giving them details of the damage and they never replied and ignored me.   It was only when i done a askmid and got the insurance details of 2 policies running on the vehicle and contacted Allianz the first on the list, BRS contacted me saying sorry for the lack of communication i went on holiday and left it with another staff member who failed to contact you.   BRS offered to say they want to repair the damage i said "NO" you messed me about the first time and now i want the security of going through the insurance.     I did give them one last opportunity under my terms i told them to pay ***** (fair amount)into my account and that would settle the matter and i would sign a agreement that the damages are paid in full. There reply was "that is not how we do things here and to contact their insurance" and conveniently never gave me the insurer responsible.
    • Check this and read about a Notice Of Correction     
    • There can be many reasons for dual insurance, depending on the use of the vehicle, certain hires, contracts etc, - nothing our of the ordinary there, just get the firm to confirm which one, as above don't let them dictate, they are in the wrong.    I would use you own insurers , and always advise this in cases where there is an impact claim for a  wall or similar.    Reason being is the third parties liability is for indemnity only which realistically is to pay for the damaged part of the wall and that only, they don't even have to pay for a builder, just the cost to repair, leaving you to deal and fend for yourself.    Your home  insurance cover will be on a new for old basis, giving further allowance if there any grey areas in regards to block matching, matching items (say for the welding) potential wear and tear contributing etc,    - more chance of getting more of the wall done than just the section that is damaged - plus it gives you a much better right of recourse if anything goes wrong, especially if you get a cash settlement or they use dodgy bob the builder.    Your insurer will want the third party details and will chase the responsible underwriter for their recovery, you may be able to piggy back on that. The reason for their hesitance in confirming about claiming back the XS will be due to the fact they are a home claims team and don't do an awful lot of recovery of losses compared to a motor claims department, and generally don't have as much experience on a day to day basis (or certainly not the front line staff). 
    • Give them time-amoebas are a little short on brain power to work sarcasm out. I wrote a letter similar to yours to Parking Eye and they wrote back to confirm they had received my appeal! 
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      I was in Sainsbury’s today and did scan and shop.
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mjc007.5

Without Prejudice?

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Hi all,

 

Hopefully a simple one for the legal experts here:

 

Which (if any) correspondence should be headed with the above term when dealing with the many and varied forms that are the involved in chasing us for debts (owed or not) and charges (almost always disproportionate!) please?

 

I have seen said use it on most thing, I have seen said it is over used. Any definitive answers gratefully recieved! :D


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Without prejudice means the document/letter cannot be produced in a court of law.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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How to use 'without prejudice' to protect your interests

 

If what you say in your attempts to settle a dispute (with a customer, supplier or employee, for example) is 'without prejudice', it means what you say can't be used against you if the dispute turns into court proceedings.

To rely on the 'without prejudice' rule:

  • there must be a dispute underway;
  • what you say must be part of a genuine attempt at settling the dispute;
  • you must not reveal the content of 'without prejudice' negotiations, or you can forfeit your right to confidentiality.

If you have a potential dispute with an employee or a customer, just using the words 'without prejudice' in a discussion or on correspondence does not automatically make it confidential. Your words could still be made public in court or the employment tribunal - they are not 'without prejudice' at all - unless you satisfy certain conditions.

First, for the words to protect you a dispute actually has to be underway. The courts have said that:

  • a 'dispute' means "a matter capable of compromise and one in respect of which, if not resolved, the parties could reasonably contemplate litigation" (which includes discussions about how to avoid a dispute becoming a legal claim): and
  • it does not matter that negotiations took place along time before a matter became a legal claim, as long as it was foreseeable that it might at the time.

This means 'dispute' has a wide meaning, and the period during which 'without prejudice' can protect businesses can be lengthy, giving them plenty of latitude when attempting to settle disputes without going to court or tribunal.

Be very careful, however. If a customer has complained, and you want to make an offer of compensation, to appease them, you can mark it 'without prejudice'. But you must still ask "Is there a dispute yet?". If the court decides the matter hadn't escalated into a dispute, your offer could come out into the open later and be treated as an admission of fault - in the absence of a dispute, you cannot say your offer was really made 'without prejudice'. Or it might not be a genuine attempt to settle the dispute - if it is not, it can be referred to in court.

Also, attempts to negotiate with employees during disciplinary and grievance procedures remain fraught with difficulty. For example, you might want to sack an employee, and decide to have a 'without prejudice' chat to see if she'll go quietly. Legally, however, there may not be a 'dispute' yet - even if she has lodged a grievance. So what you say in your 'without prejudice' chat - and the fact you had a chat at all - may turn out not to be confidential if she later sues you for discrimination.

If you suggest she might leave her job during your chat (even if you offer to make it worth her while) it's likely to be a constructive dismissal. By making it clear you want her to go you've destroyed the relationship of trust and confidence which should exist between you.

Even if there's a dispute, 'without prejudice' only makes your admissions confidential, not your assertions - so don't make discriminatory comments during 'without prejudice' discussions, even if a dispute is actually underway, because they won't be protected even if you have used 'without prejudice'.

Keeping quiet

Once you have reached a 'without prejudice' agreement, keep it confidential. In one case an employer later went public with certain details of 'without prejudice' negotiations and settlement reached with an employee during an internal grievance. These were then held to be admissible in discrimination claims brought by the employee, because the remarks made publicly were evidence of discrimination.

Action points

  • Only use 'without prejudice' if there is an existing dispute underway.
  • Use 'without prejudice' only if you're making a genuine attempt to settle the dispute.
  • Don't make assertions, and expect them to be protected by the 'without prejudice' rule.
  • If communications are, in fact, without prejudice, it helps to mark them as such.
  • Ensure no public reference is made to the content of without prejudice negotiations or settlements.
  • Do not use 'without prejudice' negotiations in the course of employees' disciplinary and grievance procedures without legal advice.
  • Keep a written record of exactly what is said during any 'without prejudice' discussions.

If in any doubt at all, take legal advice.

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Thanks BB and Mr T, I will be using freely in many a dispute! :p


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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If the 'without prejudice' offer is defaulted on by the party that makes it, does that mean it can be raised in court? What about offers made post-court action?

Edited by Crapstone

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