mrdfuller VS Natwest

[FullerBeans]

Thank you very much! Is there a template for this? I'm not all that good with letters I couldn't find one anywho.

[fendyweather]

Yes, there is a few on here Ive seen them. But as the saying goes, just keep it simple. Something like,

 

Dear X

 

Account No:

Name:

Sort Code.

 

WITHOUT PREJUDICE

 

I am in receipt of your letter dated xxxxx offering me xxxxx in full and final settlement of my claim against you.

 

After much deliberation, I have decided to accept this offer on the proviso that the money is paid directly into my account by xxxxxxx or within 10 working days from the date of this letter, (and remember to date your letter).

 

I look forward to receipt of the funds, and confirm that my claim will be considered concluded only upon receipt of the funds into my bank as stated above. If for any reason, the funds do not appear in my account within this time scale, then I reserve the right to continue with my full claim, and will be contacting the courts to issue legal proceedings on xxxxxx should this condition not be met.

 

I thank you for your early response.

 

Yours sincerely,

 

 

something like that should do it. Just keep it simple but cover yourself.

 

 

 

xxxxxxxx

[Guest Mumofthreeboys]

Why would you mark that letter "Without Prejudice"?

[fendyweather]

Just basically, because anything legal you should. i.e. if theyre attaching conditions, i.e. in FULL AND FINAL SETTLEMENT and asking him to sign agreement and send back, hes covering himself against anything in future. Its a standard thing and can do no harm whatsoever.

[Guest Mumofthreeboys]

Without Prejudice means you cannot show this letter to a court should it get that far.

 

I would want all my letters to be shown as it would show the Judge that I have tried not to take the time of the courts, which is an overriding objective under CPR.

[fendyweather]

My friend, who is a solicitor with his own practice has told me to put anything to my bank which is in writing, as WITHOUT PREJUDICE whenever they are attaching any sort of condition to anything. Is he wrong then ? Hes been practising for 22 years. ???? I would appreciate an answer on this because thats what Ive been doing in my letters. I would hate to think hes told me wrong, and Ive fluffed up. Because Ive done it. xxx thanks.

[Guest Mumofthreeboys]

Prejudice (law) - Wikipedia, the free encyclopedia

[fendyweather]

So based on that then, what it is saying is if the court has no jurisdiction over such a claim it can be thrown out. But the whole point of submitting the claim in the first place, is because the court you are submitting it to will have jurisdiction. Im no legal eagle on this, but Im gonna check with my friend, because Im seriously beginning to worry now. I did everything as per his recommendations, and he touch wood, has always given sound advice. I dont quite understand the wikipedia wording. Doesnt make sense to me, all legal jargon. Im confident my claim is spot on, no mistakes, so why would the court have no jurisdiction over the amount of my claim. IM LOST. I COMPLETELY DONT UNDERSTAND. IM GONNA PM NATTIE OR MICHEAL BROWNE OR SOMEBODY BECAUSE THIS HAS THROWN ME NOW, and Im gonna phone my friend. Help. lol xxx

[Guest Mumofthreeboys]

This is the part I was referring to:-

 

In many common law jurisdictions such as England, 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.

[fendyweather]

Phew, thanks for the info, but OMG you really got me going then. My friend says, He knows what youre saying, and yes it has been used in that context before, but mainly abroad, and very very rarely in this country. Phew. I feel better now. Was about to have cardiac and thought my claim had just gone down the swanee. H*ll please dont do that to me. My heart skipped a beat. I asked him if it has done any harm in what Ive put on my letters and he said CATEGORICALLY NO. Its fine. Its more of an old fashioned way of using it he said. Nobody really pays that much notice to it anymore and it means that if he wants to further claim in future, hes able to do so without it affecting this particular claim, i.e. he said, he can accept this money, and sign the form the natwest have sent him, but that if he still wants then claim in future, he can. God I wish I had a better legal brain. Im just going mainly on this site and my friend. But OMG you had me going there for a mo. LOL. Ah well, Im ok now. No harm done.

 

Fendy xx

[laura_d]

Whenever I have entered into correspondence and used the term "Without Prejudice" it is because I wish to indicate my willingness to resolve/settle such dispute outside of the courts.

 

I could be wrong here but I would think this would be looked upon favourably by the courts as it would indicate you have tried and given the opportunity to resolve the matter without court intervention!

 

Please, someone correct me if they think/know otherwise!

[Guest Mumofthreeboys]

lmfao Fendy, I didn't mean to worry you. I was just querying the "Without Prejudice" part, which I still don't think is needed.

 

I'll get you a glass of wine, that will calm you down.

[fendyweather]

LOL, Im such a novice. I really panicked there for a mo. Anyway, Laura D whoever you are, thats basically exactly what my friend said. It is admissable as evidence in court, and they tend to look at it like youre trying to settle it. Im no expert, Im really not, hence why I rely on the good people on here to help, but I have been told by my solicitor friend, that WITHOUT PREJUDICE, would not prejudice anybodys case at all if it was on any letter throughout the process. He said it simply means that. Youre not being prejudiced against them, youre just trying to settle things. I rely on what he tells me because I wouldnt have a clue otherwise. So either way, Mr D Fuller, it doesnt matter. Personally I would put it, but Mum of Three boys wouldnt, but either way, legally I have been categorically told it wont affect anything, whether you do or you dont, other than it means if anything like this happens again going forward you can claim again, and you can produce the letter in court if it got that far and it is admissable as evidence in your case. Phew. Where would we be without the help of each other on here eh. !!!! wine in hand now Mum of three boys, but thanks for mentioning it. Its always better to check than not, and get it wrong. Ta Muchly Moo. Youre a star. !!! but please dont make my heart skip again..................xxx

[laura_d]

Hi Fendy,

 

No probs - whilst I'm not a barrister/lawyer just yet, I do work in Company Law so see these kind of phrases quite a bit!

 

My job is prob also the reason I'm quite excited about all of this - can't wait to start reading Acts and quoting till I'm blue in the face!!!!

 

Good luck with your claim

 

L x

 

P.s. I wrote without prejudice on my prelim letter ;o)

[fendyweather]

Thanks for the reassurance. It really helps. Ooooh company law. You smart thing. At least youre in the right frame of mind for the fight. Relishing it rather than being frightened. I always think fear kind of gets in the way a bit for something like this. You have to try and overcome it. But for some its very difficult. Im a bit like you. Im not an expert by any stretch of the imagination, but I am relishing the fight. I would love to stand up in court and be able to put my case forward fairly. But you can never guarantee what kind of judge your gonna get I suppose. Thats the danger. Anyway, thank you for the reassurance. It really does help and its very very very much appreciated. Good luck too, but with your job, and knowledge Im sure you wont need it. xxxxxx

[FullerBeans]

Can someone help me, how long does it normally take for the money to be paid in?

 

Cheers.

[FullerBeans]

Anyone with experience with this please?

[Guest NATTIE]

from reading backwards. if you have given 10 days then you have 10 days but if you have accepted it i would expect it to be paid into the account in the order that it is received. You may be aware of an increase in mail to Customer Relations Unit,Borehamwood.

[FullerBeans]

I know this is more than a year ago (sorry) but I got a full settlement. Feel free to move over and thanks to everyone for thier help! Keep up the good work guys!