Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

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ByTalbotWoods
#287663 Just a comment for people writing to DCAs or Creditors,

If you are writing to them DO NOT write "without prejudice" on your correspondence, especially if you want to later rely on this correspondence in court.

Though a precedent was set two years ago where "without prejudice" letters were allowed in court evidence, it has been recently noted that several DCAs and Creditors have managed to convince DJs not to allow "without prejudice" letters to be admitted as evidence in a counter claim or as defence. Though this appears to be on a case by case basis, it is becoming common again

So if you are, or suspect that you will need to, rely on your correspondence to a DCA or creditor in court as a defence, remember if you have used "without prejudice" then it can be objected to by the DCA or Creditor and if the DJ accepts this then you have lost your defence.

So dont risk it!!!

Tim
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ByGazza1912
#287673 Does this work both ways?

The reason I am asking is is because on a few rare occasions in the past, DCAs have written back to me with the words 'WITHOUT PREJUDICE', sometimes preceeded by 'ENTIRELY' when they have either agreed to cease collection activity as they are passing the account back to the original creditor, or are making a reduced offer of repayment, or in a few extremely rare cases where they state they have closed the account and no further action wil be taken.

Now, if a DCA includes these words in their own corrospondence to debtors, and the debtor later has reason to take the DCA to court, can DCA 'Without Prejudice' letters be admitted as evidence?
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ByTalbotWoods
#287713 In theory yes it does, but I have never heard of an instance when a debtor has requested non disclosure of a DCAs letter unde the "without Prejudice" understandings.

DCAs/Creditors solicitors object to your "without prejudice" letters to make it look like you have failed to deal with the debt, and have ignored them.

Most DCAs "without prejudice" letters are in a format that it wouldn't help you to object to them being disclosed.

With regards the "entirely without prejudice", there is no such legal statement, only "without prejudice"
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