Offer for faulty car 'without prejudice save as to cost.'

[pixie30]

Hi,
Hope someone can give me some advice. After many letters to a main car dealer about a faulty car, they have finally offered me a settlement figure. There has been no court claims, but my question is, as they have made the offer, 'without prejudice save as to cost,' if I accept will stating the same at the top of my letter protect me in any way. Thanks in advance.

[MissFM]

Re: Offer for faulty car 'without prejudice save as to cost.'

There is a guide on here somewhere (I'm really sorry I just can't find it to link but someone else will). Basically, as I understand it, "without prejudice" is something you put at the top of a communication when both sides are genuinely trying to reach a settlement out of court. It means that any offer can't be shown to the judge (ie can't be produced prejudicially in evidence). The "save as to costs" bit is self-explanatory.

If it's not obvious from that where your interests lie then please post up more info (with identifying personal details removed). More savvy Beagles will help!

[Crazy council]

Re: Offer for faulty car 'without prejudice save as to cost.'

They have done this, so they could bring up the fact that an offer was made, after the case is decided, at the point when the judge is working out costs.

If they make an offer, without prejudice, that can not be used at any part of the proceedings or even mentioned.

If its without prejudice save as for costs, if they have made a reasonable offer, say close to what the judge awarded, then they could apply for costs in relation ot the court action..

. At your stage, get advise about how much you should be acsepting properly before considering what they have offered, Was it there first offer, or is it marked as a final offer.. ?

but my question is, as they have made the offer, 'without prejudice save as to cost,' if I accept will stating the same at the top of my letter protect me in any way

.

No need, any reply to a document marker without prejudice is also deemed without prejudice......

[pixie30]

Re: Offer for faulty car 'without prejudice save as to cost.'

Thanks MissFM and Crazy Council. It is their first offer, but I am happy with it as it covers most of the cost of the car plus the repairs also. I was originally asking for compensation for little use out of car insurance and road tax etc., but will settle for their offer to end the fiasco. My main concern was if any problems arose in the process of returning the car, would it protect me more if I worded my acceptance letter with without prejudice save as cost. Thanks both for the speedy reply.

[Crazy council]

Re: Offer for faulty car 'without prejudice save as to cost.'

Thanks MissFM and Crazy Council. It is their first offer, but I am happy with it as it covers most of the cost of the car plus the repairs also. I was originally asking for compensation for little use out of car insurance and road tax etc., but will settle for their offer to end the fiasco

Probebly a proper manager, although you may have had a fight to get them to accept it, If they have made you a full offer at first, it usualy meens they full accept what you say, but just dont want it publisised..... Glad its working out for you

[ostell]

Re: Offer for faulty car 'without prejudice save as to cost.'

If you are happy with the offer, and there are no conditions attached, then I would say agree to the offer. You may find, as I did in a similar situation, that they will then start to inspect the car and try and reduce the price because of wear and tear. Stand your ground and insist on the price that they offered. And don't take a cheque from them, insist on a bankers draft when you hand the car over, or a bank to bank transfer of the money.

[pixie30]

Re: Offer for faulty car 'without prejudice save as to cost.'

The conditions attached are that we put it in writing that the car is in the same condition as it was when we bought it. Well, it is still faulty if that's what they mean! We valeted it every week when we had it, but it has sat outside a mechanics forecourt for 6 weeks with them attempting to fix it, so that won't help. I'll do my best to clean it, but it won't drive. I will be standing my ground as the car has broken down 5 times in 4 months and was had components held together with plumbing tape and chemical metal. I thought a cheque would be safer than giving them our bank account and sort code, but insisting it cleared before they collected as they insist in their t&c when they sell a car. Also they want us to sign the V5C and return it to them, but as I understand, selling to a trader, it is our responsibility to send sec 9 of the form with their details and signature on, so I'm assuming whoever collects it with a recovery truck is ok to sign for them. I'll be sending that then I know it has actually gone and we don't end up with a fine etc. Any thoughts on this?

[ostell]

Re: Offer for faulty car 'without prejudice save as to cost.'

If they are willing to wait for the cheque to clear before picking up then all well and good. Take photos of the car to show that it is in as good a condition.

[pixie30]

Re: Offer for faulty car 'without prejudice save as to cost.'

Hi ostell,
Thanks for the tip. This has been an ongoing nightmare and I will be relieved when the car has gone. Will let you all know how I got on and return to help pass on any advice that I can. Thanks all who have taken the time to answer.