Defence form N9B includes "Without prejudice" statements how do I get them removed?

[LeamLady]

Hi, I have just received an N9B form and section 3.Defence which makes statements about a "Without prejudice" offer I (the claimant) made. It also has copies of two emails attached that are both clearly marked "WITHOUT PREJUDICE".
How can I get these removed? Can I simply write to the Northampton MCOL court or should I submit a N244 Application to get them struck out for abuse of process?

[Amethyst]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Hi, I have just received an N9B form and section 3.Defence which makes statements about a "Without prejudice" offer I (the claimant) made. It also has copies of two emails attached that are both clearly marked "WITHOUT PREJUDICE".
How can I get these removed? Can I simply write to the Northampton MCOL court or should I submit a N244 Application to get them struck out for abuse of process?

Was the offer made accepted ?

Are both the emails marked without prejudice directly related to an offer to settle ?

Does the Defendant have a solicitor or are they acting as litigants in person?

Check that the documents are truly without prejudice ( it gets misused a lot ) before making any application.

First step is to write to the claimant to amend or withdraw their defence on grounds that it discloses without prejudice communication otherwise you will have to apply to the court to strike out the defence and enter summary judgment, inevitably increasing their costs liability. This gives them fair warning so that they have the option to stump up the £100 themselves to amend.

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Thanks so much for your reply.

My offer to settle was never accepted by the defendant but in her defence statement she is claiming that we "agreed and shook hands on a settlement in front of a witness". (They do not state date or witness name). Does the defendant have to prove there was acceptance/agreement?

Both emails are clearly marked WITHOUT PREJUDICE IN THE subject, one (mine) also has it marked in the BODY. the other email is from her.

Defence are acting as litigants in person as no solicitor mentioned on forms.

The Defence statement and both emails certainly refer to without prejudice settlement matters but all also contain other stuff:
-Defence statement and defence email contain false statements/accusations and insults which she cannot prove, (their word against mine) but I can prove some of them false with photographs.
-Email from Me - I think it is there by accident as defendants email is a reply to it.

[ostell]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

As they are litigants in person then there is a possibility that they do not know the meaning of the phrase (most people don't). Perhaps a polite letter pointing out this fact might help in the first instance.

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Hi Ostell, thanks, it's a very good point and I am always polite. How long should I give them to respond to the letter before I submit my application to strike out?
Thanks

[ostell]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Give them 14 days, if that will not cause any problems. And don't make it WP so that you can show that you tried to resolve.,

[Amethyst]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Would the settlement have meant the defendant making a payment to you ? (ie if settlement hasn't been made on the terms alleged to have been agreed then even if that was true the agreement was broken )

You can respond to the defence so will have opportunity to defunct the defendants allegations, so keep the letter about the WP issues clean of the other issues raised in the defence.

Only the parts of the emails that are related to the settlement negotiations are without prejudice.

Also to be aware that if it is accepted there was an agreement to settle and terms were agreed, and then either party breached those agreed settlement terms - thus resulting in the claim in court - those docs can become part of the claim and no longer WP.

It's tricky helping blind though, so if you feel you can share the documents ( suitably redacted ) so we have a better idea of the case then you can upload copies of defence and emails on here, or email me admin@legalbeagles.info

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Defence Statement

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Hi, my view is that we got close to settlement and we agreed some of the terms;

[Amethyst]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Okay and what was actually done under the alleged terms of settlement ?

Did they pay £60 cash and do half the cleaning ? whereas your last offer was for them to pay £80 and do all the cleaning and removal?

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

They did pay £20 cash and £40 deposit, the missing £20 was my original estimated

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Note ref cleaning I have a load of pics taken the next day of the fittings

[Amethyst]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Okay, how much is your claim for overall ? and could you post up your particulars of claim.

You own the property. It was let to a tenant. You employed someone to clean the property at the end of the tenancy ?

Is there a contract between you and the defendant for the services ( not) provided ? Just trying to fathom the circumstances to make sure the claim is on track - don't want you concentrating on this without prejudice issue if there are other potentially more serious issues with the claim.

Also

claimant prevented the remaining cleaning from being carried out

Is that correct?

[LeamLady]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

Particulars of Claim

[Amethyst]

Re: Defence form N9B includes "Without prejudice" statements how do I get them remove

So the Defendant was Guarantor. The Guarantors agreement included terms about leaving the flat in good condition and being responsible for cleaning / cost of damages if the tenant refused etc?