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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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If you put the phrase 'without prejudice' at the top of a letter, is it legally binding? In other words, would an organisation not be allowed to present the letter to a judge then or is it more of a convention? What would a judge do if presented with a letter that said 'without prejudice'?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

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They could present it - but it would NOT be binding on the Judge to take it into consideration, or indeed acknowledge any part of it. (This exception is allowed where other criminal acts like extortion, threats of violence etc are intimated.

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From Finance Glossary : Without prejudice

"The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court."

 

You can find out more by giving this Google link a spin:

without prejudice offer - Google Search

The BidsterMeister

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However, you may ask the judge to accept it if you think that it is particularly important, and the judge will have discretion as to whether to accept it or not.

 

As a rule, though, better not to play fast and loose with "Without prejudice" communications.

 

As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

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  • 1 month later...
As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

 

Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

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Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

 

Cobbets have a very hardened (entirely without prejudice) approach and do quite a lot of work for the likes insovlvency practitioners who believe they are a law unto themselves.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I written an initial letter to the outsourced body from the Law Society that deal with complaints about 'other people's solicitors' outlining how I have objected to their bullying tactics and about them offering me a WP settlement of 50% and telling me in the same letter that if I declined it, then they would tell the court that while they were being reasonable, I was not and my refusal of their letter proved that.

 

Chances that anything will be done or that Cobbetts will be forced to change their ways? Pretty close to sod all, but hey, it makes me feel better and anything that inconveniences those people is ok by me

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2 points – If a letter is a genuine attempt to settle the claim it will be without prejudice even if it doesn’t have those words on it. Putting the words on doesn’t make something that is not “WP”, “WP”. Lots of people put “WP” on documents which are not privileged because they don’t understand what it means. If it is not a genuine attempt to settle the claim then it is disclosable to the court.

What they mean by they reserve the right to tell the court about it, referees only to the matter of costs. If they succeed they will then show the curt the letter to show that you should have taken an offer and saved them costs. The fact you didn’t can be used to justify a higher cost award. But they cannot and must not show that letter or the offer to the court until judgement has been given either way.

I hope that helps.

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