Credit card debt and suicidal, please help if you can

[MandM]

All read and sign if you're happy with this>>>>>http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236823-urgent-issue-has-effected.html Off topic I know, but highly relevant,

 

Thanks,

 

M

[desperadette]

Ok ok, sorry, have changed it to 'with Prejudice' now.

 

However, hubby is asking surely if there is no 'withOUT prejudice', that means that we can use in court anyway? He thinks that if I put 'with prejudice' it might look like I don't know what I am talking about. Which in my case is true but we don't want them to know that!

 

Noooooo, def don't want you to have a heart attack - where would I be without you and your constant help???

[MandM]

Ok ok, sorry, have changed it to 'with Prejudice' now.

 

However, hubby is asking surely if there is no 'withOUT prejudice', that means that we can use in court anyway? He thinks that if I put 'with prejudice' it might look like I don't know what I am talking about. Which in my case is true but we don't want them to know that!

 

Noooooo, def don't want you to have a heart attack - where would I be without you and your constant help???

 

I agree - but your call Nick = your letter

 

M

[nick20045]

All read and sign if you're happy with this>>>>>http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236823-urgent-issue-has-effected.html Off topic I know, but highly relevant,

 

Thanks,

 

M

Will sign it later as I am still getting over the shock that OP gave me. My hands are all trembling and I am having palpitations. I think I will phone the hospital and ask them to send me a nice good looking blonde nurse to keep an eye on me.

 

On the other hand, I take it you know that with the Lisbon Treaty it is going to change to 3 years instead of 6 years on file with the CRA's?

[desperadette]

All read and sign if you're happy with this>>>>>http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236823-urgent-issue-has-effected.html Off topic I know, but highly relevant,

 

Thanks,

 

M

 

 

done, thanks for bringing it to my attention

 

ps is that petition with or without prejudice? only joking;)

[MandM]

done, thanks for bringing it to my attention

 

ps is that petition with or without prejudice? only joking;)

With extreme prejudice lol

 

M

[desperadette]

what does 'OP' mean? Hope its not a rude name for me.

 

what is the Lisbon treaty.

 

Nick, calm down, its ok and please don't reach for the fags. And you've got to stop going after the blondes! Neither seem very good for you;-)

[MandM]

what does 'OP' mean?

original poster = you in this thread

 

M

[nick20045]

Take your choice. Either keep With Predjuice or delete it. BUT NOT WITHOUT PREDJUICE. Without Predjuice means it cannot be shown in court as evidence.

 

Legal Definition of With Prejudice

 

With Prejudice

 

A statement or order that is conclusive between the parties as to the dispute between them.n letters and documents, the addition of with prejudice represents an admission by the signatory or by the person who tenders the document with prejudice, that the contents are admissible against him or her, particularly if the contents run against that person's interest. In Court orders, the words with prejudice are assumed since a court order is conclusive of the rights of the parties in regards to the issue being thereby resolved. Where these words are added, redundancy notwithstanding, they mean that the order is res judicata.

In Schuster v Northern Co., Justice Freebourn of the Supreme Court of Montana wrote:

"The term

with prejudice

as used in a judgment of dismissal ... is the converse of the term

without prejudice

, and a judgment or decree of dismissal with prejudice is as conclusive of the rights of the parties as if the suit had been prosecuted to a final adjudication adverse to the plaintiff.

"The terms

with prejudice

and

without prejudice

have been recognized as having reference to, and being determinative of, the right to bring a future action."

[nick20045]

The legal meaning of Without Predjuice:

 

Without Prejudice

 

A reservation made on a statement or an offer that it is not an admission or cannot otherwise be used against the issuing party in future dealings or litigation with any determinative legal effect.

A statement set onto a written document such as a letter, which qualifies the signatory as exempt from the content to the extent that it may be interpreted as containing admissions or other interpretations which could later be used against him or her; or as otherwise affecting any legal rights of the principal of, or the person signing.

In Castano v Gabriel, a 1969 residential tenancy case, Justice Wahl of the Civil Court of New York City wrote:

"When a dispute arises between parties and they desire to preserve their respective rights and positions, then such reservation is readily accomplished by the performance of the acts between the parties where such is done

without prejudice

as to the existing controversy. Thus, no determinative legal effect is completed; it is reserved for future determination."

In an 1882 decision, Re Leite, Justice Fry wrote:

"The words

without prejudice

when added to letters, only mean that in the event of the negotiations carried on by those letters not resulting in any agreement, nothing in them is to be taken as an admission. Where letters written

without prejudice

contained an undertaking on certain terms which were agreed to by the other side, and afterwards the parties giving the undertaking wished to introduce a fresh condition, the original undertaking was enforced."

[nick20045]

 

what is the Lisbon treaty.

 

Lisbon treaty is the treaty just rectified in the Eu recently signed by the Czeck Republic who were the last to sign. It went through a referendum in Ireland but although a referendum was promised in England it did not happen.

 

The Lisbon treaty basically appoints an EU President (England wanted Tony Blair as candidate but later he stepped down) and Ministers from round the world.

 

In short, our lives are not ours any more but owned by Brussels. Brussels now makes the laws which are supposed to be universal for all EU countries.

 

And I know this and you dont?????? Here is a piece of news for you. Why is my English what is called Queens English and I keep checking posts for typing errors??

[MandM]

What is the air-speed velocity of an unladen swallow?

 

M

[nick20045]

Prejudice (legal procedure) - Wikipedia, the free encyclopedia

 

Prejudice (legal procedure)

 

From Wikipedia, the free encyclopedia

 

Jump to: navigation, search

"Without Prejudice" redirects here. For the 2007 game show on Game Show Network, see Without Prejudice?

Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it. Dismissal without prejudice is not.

[edit] Usage in common law

 

In many common law jurisdictions such as the United States, the United Kingdom, Ireland, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court; it can be considered a form of privilege.[2] This usage flows from the primary meaning: concessions and representations made for purpose of settlement are simply being mooted for that purpose, and are not meant to actually concede those points in litigation.

Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a façade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" that do contain offers of settlement.[3][4]

The term "without prejudice save as to costs" is a modification to the above and refers to a communication that cannot be exhibited in court until the end of the trial when the court awards costs to the successful party. This is also referred to as the Calderbank formula, from Calderbank v Calderbank (2 All E.R. 333 (1976)),[2] and exists because English courts have held that "without prejudice" includes for the purposes of costs, as in Court of Appeal, in Walker v Wilshire (23 QBD 335 (1889)):

Letters or conversations written or declared to be "without prejudice" cannot be taken into consideration in determining whether there is a good cause for depriving a successful litigant of costs. In the credentialing of Medical professionals a lawsuit settled "Without Prejudice" means that the plaintiff releases the ability to further pursue monetary compensation from the defendent(s) by accepting the settlement.

 

 

 

[nick20045]

What is the air-speed velocity of an unladen swallow?

 

M

I guess it depends what you shot it out off. If you dumped it into an 80mm mortar rocket launcher and fired off a mortar most probably its body will arrive at destination while the feathers will still be floating in front of you. :D And most probably its head will finish sticking out of its backside as well........

[desperadette]

yikes Nick, my head is reeling. I can't possibly take in all the info!

 

Looks like your hands have stopped trembling .

 

Well, all my letters are done now, ready to post tomorrow. Its been a strange weekend. I have been obssessed with my debt problem but with the help I have received I have made some headway and can't wait to post these letters off.

 

Just hope the creditors don't turn nasty on me now.

[nick20045]

@ desperadette

 

Right so decided:

 

Barclays: You send a CCA (see post 74 for proper wording. Make sure you use that wording so they cannot try and weasel out. If you read the wording it does not allow them to say "We just bought over the account"). £1 postal order, recorded delivery.

 

Marbles: A nice lovely letter sweet letter with the I+E and a £5 to keep them sweet and hopefully get another year. (We need to see what they reply and take it from there). Send recorded mail so can find out when they got it.

 

Apex: Letter asking for 14 days to "try and find out what can do" (As in A which you said you prefer) and a Christmas Card wishing all the staff a lovely Christmas and a burnt turkey.

 

Egg: Letter (Either With Predjuice or remove With Prejuice and send as a normal letter BUT NOT Without Predjuice) as per post #87 sent recorded mail. (to find post number just look on right hand side of each post). Just cut and paste it. Fill in the blanks. You have to sign this one otherwise it is not legal and can be just ignored.

 

You should have at least a week of hearing nothing and peace and enjoyment.

 

Any questions?

[nick20045]

yikes Nick, my head is reeling. I can't possibly take in all the info!

 

Looks like your hands have stopped trembling .

 

Well, all my letters are done now, ready to post tomorrow. Its been a strange weekend. I have been obssessed with my debt problem but with the help I have received I have made some headway and can't wait to post these letters off.

 

Just hope the creditors don't turn nasty on me now.

Can you please check post 116 above and confirm we agree on course of action? Thanks.

 

Creditors cannot turn nasty on you. You are asking for what you are entitled by Law.

 

Look at how it is planned:

 

Marbles: Should be sweet. Can you see why they should be unhappy?

 

Barclays: You are entitled to the information. Have you said "I am not paying you"????? Have you implied it?? No you have not.

 

Apex: Just a nice answer so nothing special. You have not told them you are not paying or anything.

 

Egg what can they do? They have already sold your debt.

 

Have fun and before you go to bed check pm.

[desperadette]

burnt turkey....

 

yes, I have followed your instructions and those are the letters I have got.

 

Only thing I changed was that I didn't put 'data controller' in the Barclays one. As I wasn't sure what would happen if

a) there was no one of that title

b) if there was but they were off sick or on leave and then they would use that as an excuse not to reply on time

 

any thoughts? nice ones, I mean...

[nick20045]

burnt turkey....

 

yes, I have followed your instructions and those are the letters I have got.

 

Only thing I changed was that I didn't put 'data controller' in the Barclays one. As I wasn't sure what would happen if

a) there was no one of that title

b) if there was but they were off sick or on leave and then they would use that as an excuse not to reply on time

 

any thoughts? nice ones, I mean... :D:D

 

Have a good night. Have fun posting the letters tomorrow. And relax. Things have now started to move.

[desperadette]

Just to let you know that I sent all 4 of the letters off today.

 

Guess I now have to wait and see what they come back with.

 

Will update when I hear back.

[blueda]

Well done desperadette you are moving in the right direction;)

[MandM]

Just to let you know that I sent all 4 of the letters off today.

 

Guess I now have to wait and see what they come back with.

 

Will update when I hear back.

 

:D:D

 

M

[scared001]

hi there

 

i was just reading thru your blog and im in the exact same boat....financially. i lost my job, couldnt afford mortage etc etc....had credit cards and their dcas chasing me,phoning me all the flipping time and letters, i thought that the bailiffs would come knocking.

 

ive learnt a hell of a lot thru this site and everyone has been amazing. you will find the strength, courage and even sometimes anger to get you thru it all. i promise you, if i can do it, you can too!!

 

firstly, get cca off all the credit card people, letter templates are on here and people will help you find all the stuff you need.....

 

please keep us posted and am sure we will all get there one today together!! xxx

[Mr Worried]

Hi To All

 

Very good craic there from M and Nick, however I dont like to see ' Names' being noted, despedetta I am sure you are feeling a lot better than you were 48 hrs ago, your husband too!

 

Keep posting and keep us informed.

 

Good luck over the next few weeks

 

Mr W

 

ps..Nick your very informative and knowledgable, but slightly overwhelming(imo) and thats good, maybe I can buy you a pint sometime.

 

Only if you promise not to mention the x wife.

[desperadette]

Yes I am feeling a lot better re the debt than I was saturday morning.

 

You guys have all been FANTASTIC and I do appreciate the support. It is particularly encouraging from people who have been through similar.

 

I really don't know what I would have done if I hadn't found this site.

 

And I was even motivated to write to Child Tax Credit this afternoon - I was overwhelmed before and couldn't deal with thembut I decided that I might as well. So that's another letter typed and ready to send. Don't expect much to come of it - I expect I will get 3 letters sometime next week all saying different things but that's normal for CTC!