Without Prejudice

[lee6370]

Can a letter that is marked 'Without Prejudice', that contains a lie, that has been told to get you to settle for less than your claim amount to shown to the courts?

[blacksheep1979]

you can show whatever you want but it may not be accepted by the judge and may not be taken favourably either - what is this letter and whats in it? Also if you accepted full and final settlement you can't reclaim

[Glenn UK]

you can show whatever you want but it may not be accepted by the judge and may not be taken favourably either - what is this letter and whats in it? Also if you accepted full and final settlement you can't reclaim

 

im not certain thats true if the settlement was bought about under a false premise.

 

It is a tenet of contract law i believe that both parties act in good faith, or at least their supposed to. If the defendant lied in order to get the plaintive to settle then they havent acted in good faith i suspect the settlement isnt worth the paper its written on.

 

This of course is all subject to the lie being proved.

 

This is only my opion and id be interested to see if anyone knows for certain what the situation is.

 

Glenn

[lee6370]

They are saying that i can not claim interest that the bank has added to the charges, so i can have the charges back but not the interest they took from me as a direct result of the charges.

 

Now anyone can see that if the charges are unlawful then any interest the bamk made from the unlawful charges should also be returned, by telling me that i can't claim the interest and that the courts will not allow me to claim it, i believe they are trying to get me to drop part of my claim, but what they are saying is wrong and they must know it's wrong.

 

So as far as i can see they are lying in order to get me to reduce my claim, this is an abuse of their position, however the law soceity tell me that in order to get a complaint upheld, i really need the judge to state that it is clear that what they have written is wrong and they should have known it was wrong.

 

But how do i get the judge to see what they have written if it's in a letter marked 'Without Prejudice' ?

[CrispDust]

You can put it before a Judge, he/she will then decide if it can be used as evidence or in arguement.

[Stopthethieves]

If you are allowed to put it before the judge then I doubt this would be an issue.

 

I would be pretty sure the bank would backtrack very quickly especially if it is likely to end up in court.

 

Only my opinion though.

 

Regards

[Glenn UK]

I thought we were talking about them threatening you or something, i suggest this is an non issue and although untrue would in my opinoin not be something the court would take too seriousely, although it would very much depend on exactly how it was put.

 

It might be fun to reject thier offer and say that you now realise that you are entitled to claim back the charges, the interest you paid plus interest at the contractual rate of 16% or whatver rate your bank charges and the circumstances of the case.

 

The contractual rate is based on the fact that the contract has to work both ways ofr it to be fair i believe. you can claim the contractual rate regardless of whether you go to court if you wish.

 

If you do go to court you cannot then add S69 CCA interest on top.

 

FWIW some people are talkign about adding the penalty interest rate for unauthorised od which for some banks is close to 30% pa. For barclaycard they dont publish an over limit rate but they publish cash advance at 27.9% pa.

 

JMHO

 

Glenn

[callumsgran]

i added the s69 interest to my interest on charges and got it all back!

[Glenn UK]

i added the s69 interest to my interest on charges and got it all back!

 

thats interesting, are you saying that you charged the contractual rate AND added Sec69 interest?

 

EDit I understood that Sec 69 interest was there where a contractual rate wasnt in place and allowed a claimant to recoup lost interest if deemed approapriate.