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steve2577

Without Prejudice Letter

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I have a Summary Judgement hearing for a SO in a few weeks and as this is the first time in court was wondering about Without Prejudice I am a LIP.

 

I made a S.78 request in Oct 2009 and received a letter from the claimant headed without prejudice where they stated "no copy of agreement can be found" in the same paragraph they also state "we have provided a copy of the executed agreement". Also within this letter is a breakdown of the account and of the course the letter is signed (not sure but it may be claimed that this constitutes a statement and is signed by the Creditor which could be relevant if we refer to recent cases and the judgements about signed statements). On closer inspection of the agreement they sent clearly indicates its an agreement from 2003 (and even refers to UK law 2004) and my agreement was taken out in 1999 (I am OK on this point and have included this in my witness statement).

 

I have also included in my Witness statement that the claimant admitted that no copy could be found but of course this goes against the without prejudice clause.

 

(Hope the next bit reads OK)

 

I have subsequently written to the solicitor (lets call this letter EX1) acting on behalf of the claimant and in this letter I made a referrence to the Without Prejudice letter (lets call this letter EX2) originally sent by the claimant in response to s.78 request and enclosed it as an attachement.

 

In my witness statement I have included the letter sent to solicitor (EX1) + attachements (EX2) defined as Exhibit EX2 + attachements.

 

The question is am I on dodgy ground here in that will it really annoy the judge if I try to slip into evidence a without prejudice letter or can I claim as an LIP that I wasnt aware of the legal issues.

 

When without prejudice is used is the whole letter inadmissable in court or just anything that might be detrimental to the claimant?

 

I quite like the fact that what they sent me as a copy of my executed agreeement is nothing of the sort so I dont want the Judge to declare the whole letter and everything received inadmissable as evidence as this might give the claimant an opportunity to rectify the mistake and issue a new set of agreements if the application for SJ is not approved and a full hearing is set. But this would then devalue anything that resembles or cohuld be claimed to be a signed statement.

 

Can the claimant choose anything positive to their case included as evidence from a without prejudice letter and choose to have anything detramental to their case declared without prejudice and therefore inadmissable?

 

 

 

 

:eek:

Edited by steve2577

All my postings are Without Prejudice and as such can not be used in any Court.

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Some advice from anybody who has been in chambers as this my first time in court ever (I am 51 years Old).

 

Ref the Without prejudice letter which has things within it that could be positive to the claimant and also could be be positive to me as the defendant.

 

Can I ask the judge for clarification as to what can and cannot be used as evidence in a without prejudice letter and then take my oral statement from there? If the answer was that if both parties have no objection then the letter can be included. So what would my answer be at that point when I look the Judge in the eye bearing in mind it might go to full hearing and it might be beneficial to me to have everything inadmissable, but I want the agreements referred to and included within the correspondance to be used as evidence as these are flawed and not correct.

 

Good this is complex isnt it?


All my postings are Without Prejudice and as such can not be used in any Court.

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My understanding of WP communication is that it needs to be related to the issue of reaching a settlement - I can't see how that WP letter in any way is trying to resolve anything.

 

I've stolen this from, I think, diddydicky - apologies if the accreditation is wrong:

 

'As a general rule "without prejudice" is a concept to allow parties to resolve a dispute without being liable for anything they may admit in the process.

 

i personally would say that such a statement is not a part of any genuine attempt at a resolution and personally i would submit this document to the court and let the other side object.

 

another way around it is to serve a notice to admit facts on the other side and force them to admit (or stay silent) as to the matter

 

if you click on my name and look for all threads by me you will see a Nationwide thread in which i just made a strike out application on the same issue - you can use the same arguments (they discontinued rather than let the court make a decision)'


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Its nearly a month before I am in Chambers and hopefully I will be prepared but very aprehensive.

 

Imagine I start to go through my witness statement then 5 seconds later the Claimants Solicitor objects and the Judge piles in with some severe criticism about introducing an inadmissable piece of evidence it's going to throw me off balance, unless I am prepared for what might happen and maybe what the answer might be.

 

So has anybody had any experience of this?


All my postings are Without Prejudice and as such can not be used in any Court.

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Can I suggest you PM diddydicky and ask him to help? He's great on this stuff.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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the purpose of "without prejudice" correspondence is to enable the parties to acheive the overriding objective of attempting to reslove a dispute without recourse to the legal system.

 

Thus the contents are priveliged to the extent that they cannot then be used against the writer

 

HOWEVER a person cannot hide from the fact of making admissions of guilt within a WP letter

 

so if i write to you and say (WP) i admit that the debt is owed to you and that i signed a perfectly valid agreement- but because you cannot now find it i am going to screw you over in court unless you accept XXXX in settlement of the matter

 

then i would be filleting my own donkey and the other party would be permitted to bring the admission to the attention of the court

 

in your circumstances- the admission within their WP letter that they do not have the agreement- if they refuse to admit as much in open correspondence- can arguably be revealed to the court- even if any other details in the letter relating to amounts of settlement etc cannot IMO

 

remember also that WP communications can be revealed to the court in support of costs applications once judgement has been given

 

 

of course the other way to get them to admit they do not have the original agreement iand/or a signed copy of it s to serve a notice to admit facts and force their hand that way

 

secondly,

 

if the other side were being silly- and objected to the revelation of information within the WP letter -then you could be equally silly and say that they have not responded to the s78 request and are therefore prevented from enforcement

 

The s78 request also requires them to provide a signed statement of account so if they have also included that signed statement of account within a WP document then they cannot present that as evidence to the court of their compliance with their s78 duties!

Edited by diddydicky

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Thanks for taking the time Diddydicky


All my postings are Without Prejudice and as such can not be used in any Court.

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