PPI Reclaiming Discussion part 4

I'll expand on that by adding you can sometimes use 'without prejudice save as to costs' for those documents that can't be produced as evidence - only to be used when a judge is making a decision over awarding costs. So, if you want to make an 'off the record' offer to settle without it prejudicing your own arguments in court (i.e "I'm claiming £1,500 but would settle at £800 to avoid court"), then by putting the WPSATC disclaimer on it, you're effectively making an offer that a judge won't see, until such time as he has to consider costs whereby you can show that you have made an offer to settle at a reasonable rate.

Within legal civil procedure, prejudice refers to a loss or injury. [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 claimant may file another suit on the same claim. This directly differs from a dismissal with prejudice, in which the claimant 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.

marshallka wrote: »

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.


Why would you use it on a subject access request though. I thought this was to do with settlements.

In your sars your asking for documents that dont exist,so what you going to do then marsh

Ask them nicely to get you them?

bathgatebuyer wrote: »

I'll expand on that by adding you can sometimes use 'without prejudice save as to costs' for those documents that can't be produced as evidence - only to be used when a judge is making a decision over awarding costs. So, if you want to make an 'off the record' offer to settle without it prejudicing your own arguments in court (i.e "I'm claiming £1,500 but would settle at £800 to avoid court"), then by putting the WPSATC disclaimer on it, you're effectively making an offer that a judge won't see, until such time as he has to consider costs whereby you can show that you have made an offer to settle at a reasonable rate.

I just wondered why you use this on the SAR? I want to learn why.

marshallka wrote: »

Wow thats a bonus to you then. Hope all goes well with Tesco. I note from this thead that Tesco are quite difficult to get any info from and take ages to respond. Good luck and let us know how you go on.;)

Thanks Marshallka,

myself, natalie699 and showergirl all have in with the fos regarding tesco. we have also reported them and their tactics to the fsa.
Hope you are better now x
Keep up the good work, you are an absolute star on this forum