Lusky v LTSB ..can I refer to their previous settlement in new dispute?

[Lusky]

Hi All,

 

Thanks to this site I successfully claimed back over £5k in charges from LTSB last year.

 

I am now on the case with them for a second time as I am over my OD limit. The excess is soley due to penalties - surprise surprise!

 

I only still have the account due to large OD and personal loan with them.

Can't afford the loan anymore and missed some payments hence the charges. ( Have CCA'd them for the loan agreement as I suspect that will be dodgy too:D )

 

I know what to do with regards letters etc and am confident will get this lot of charges back.

 

What I really want to know is if they they go down the legal route to recover my OD ( which they are threatening, they have sent me an enforcement order :o ) could I mention in court they they refunded previous similar charges?The offer I had before was "Without Prejudice" which I know means I couldn't use in court in that dispute.

Could I use it as evidence in a new dispute?

Any advice or thoughts please?

[Lusky]

Bump....

could do with some advice in this one please guys.

[christinajanep]

did u accept the terms and conditions or did u cross them out

[Lusky]

I did cross out the confidentiality clause but it's the "without prejudice" that concerns me. My understanding is that if the originator has marked the docucument without predjudice then it cannot be shown in court in respect to that dispute. What I am trying to ascertain is can in be shown in relation to a seperate dispute?

[nicsussex]

Not really sure where you are coming from here. I assume that their previous settlement was as standard without acknowledging any liability etc etc.etc. so therefore would not really be relevant.

 

What you need to prove to the court (should it get that far) is that these current charges are unenforcable and that it is these that have caused you to be over your OD limit.

 

What stage of your claim are you at?

[Lusky]

I think I am being misunderstood. If you look at the definition of "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."

This is a seperate dispute so could I use the first offer as evidence?

[nicsussex]

But the offer has been made without any admission or liabilty it simply is not relevant. The important thing is the current charges that have taken you over O/D limit. I ask again what stage of your claim for these latest charges are you at?

[Lusky]

I am at LBA stage and have written informing them that they are breach of DPA by persuing debt while in dispute. They have still issued an enforcement notce. I am thinking well come on then and take me to court - I will defend and ask them to justify charges.

[nicsussex]

OK seems fine - but really wouldn't try to drag up their previous settlement

[Lusky]

Ok thanks for your advice Nicsussex.