Court proceedings for auto repair visit

foofcat

Ah I initially thought it was a rhetorical question but then was unsure after I saw your reply to Lamilad...apologies!

Agreed, it seems increasingly things are being designed to disadvantage consumers / the average person. I suppose it's mitigated by being able to email paperwork in to courts, but even so... And speaking of benefits, did you see the thing about universal credit claimants being charged 55p a minute to phone and sort out their missing benefits? The cheek of it made my jaw drop!

[Deleted User]

Was not the plan 2x letters. One to serve and one to do drop hands? The letter serving is 'open' correspondence the offer made without prejudice.

foofcat

Was not the plan 2x letters. One to serve and one to do drop hands? The letter serving is 'open' correspondence the offer made without prejudice.

Yep. The open one has been sent using your wording and didn't say without prejudice. The one I'm drafting now is a drop hands offer without prejudice.

KeithP

So thirty-odd posts later we are back to the text suggested in post#81.

That's good to see.

Lamilad

Also, I wonder if the "without prejudice" thing works on forum pots. Like if everyone put "without prejudice" in their signature would that mean solicitors wouldn't be allowed to even try and take anything from online posts to court?

An interesting question, never thought about it before and no-one's ever asked the question. In cases, that I'm aware of, where forum posts have been used, judges have tended to view them as nothing more than casual chatter and no 'weight' has been given to them.

It would be interesting, however, to know; if we all had "The above post is Without Prejudice" as our signature, would any forum comments even be allowed in court? I wonder what the legal minds think......

[Deleted User]

No dice. You've knowingly put information into the public domain - it is published.

The concept of w/o prejudice correspondence is if course to permit genuine attempts of settlement/negotiation - such as making offers or disclosing draft statements without fear that it'll all be waved at the judge.

Publication on a forum serves an entirely separate purpose, is in public domain and not targeted at a specific party to the litigation. In short, it's fair game.

foofcat

Ah well, it was worth asking I guess! Thanks all.

I've changed my username, but they'll still easily be able to find me by searching for the old username because I've been quoted a few times throughout this thread. Half considered PMing anyone who's quoted me to politely ask if they wouldn't mind deleting my quote from their post but that seems a bit presumptuous / cheeky on my part, so going to see where the dice fall.

And I'm guessing that means I shouldn't post the final version of my DHO email here? It's meant to be without prejudice but I'm guessing posting it on a forum would defeat the purpose of that...

Thanks Johnersh

Loadsofchildren123

You can't make something privileged if you just bung on the words "w/prej". It has to actually be privileged by its nature/content.


So that applies to this forum. Equally, if you wrote a letter making a disclosure of pertinent information, headed "w/p" it would not be privileged just because that wording is at the top of the letter.

Loadsofchildren123

foofcat - I can see you've changed your username, and why. You need to go back over the full thread, because your old name appears countless times in other people's posts where they are commenting on yours. If there is a genuine reason to want to hide your previous id, then you need to ask each person to edit their posts - the easiest thing is for you to identify the post number for each person, to save them trawling through 6 pages of posts.

The_Deep

One thing that has puzzled me is, if I make an offer under w/p and it is refused, can I bring it to the notice of the court at a later date if it is to my advantage to do so?