What does it mean if you have waived Legal Privilege please?

[redrose281]

I submitted a Form N244 to stay/suspend the repossession hearing on my property and the other side have submitted their response and in it they state "The First Defendant has waived Legal Privilige in respect of this Application", what does this mean please? Thank you

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

Did you include a without prejudice letter or details of an offer in your statement with the application ?
Are you the first defendant ?

( ahh will have a look at your thread )

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

Ok yes, need to know what you put on your N244.

Who is the second defendant?

[redrose281]

Re: What does it mean if you have waived Legal Privilege please?

Hi Amethyst, yes I am the First Defendant, the Second Defendant is my ex who left me 10 years ago and has played no part in these proceedings and is actually barred from defending them now. Because I was financially ruined by the bad advice given to me by the bank, although I employed a solicitor and counsel to draft up my defence and counter claim, I can't afford them to represent me any longer so am defending myself but in the N244 I mentioned the name of my counsel and one of the things she had told me was imperative to my case and defence and they have said by me writing that , I have waived legal privilege in this application but I don't have a clue what they mean? Thy have also said that because I complained to the Fos about the bank and it wasn't upheld, my further complaint regarding another matter shouldn't be considered and the trial should just go ahead without my being allowed to have the Fos investigate my complaint :/

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

Ahh ok, well as far as I am aware you have disclosed a privileged conversation ( things you and your solicitor discuss are privileged (ie. confidential between you) so basically any documents shared between you and your solicitor could now be fair game for disclosure in the court process (if there is anything). So they say you have waived your legal privilege now by disclosing the conversation between yourself and counsel.

Defending all monies clauses is really not something you should be trying to cope with on your own. If your home is at risk you need to try and get help and representation - you could try http://www.barprobono.org.uk/ - Shelter / CAB to refer you maybe?

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

Especially picking up on a claim where you have made a counterclaim adding the bank that sold you the investment (presumably) as a Part 20 defendant. This is quite a heavy counterclaim summary and the bank will be fighting its bottom off. Presumably you have gone through subject access requests to get call recordings and screen notes etc ?

Counterclaim
8.4 Whether the Part 20 Claimants counterclaim is statute -barred by reason of section 2 and or section 14A of the Limitation Act 1980
8.5 Whether the Part 20 Defendants employee _____________. made any negligent misrepresentations which induced the Part 20 Claimant to purchase credit protection insurance in relation to a personal loan agreed betweeen the parties on or about March 2003.
8.6 Whether the Part 20 Defendant acted negligently or made and negligent misrepresentations to the Part 20 Claimant in respect of the American bank account.
8.7 Whether the Part 20 Defendants employee, ____________, made any negligent misrepresentations to the Part 20 Claimant that the Part 20 Claimant would not be required to make any repayments under the Loan until such time as part of the Property was sold if she agreed to provide the Mortgage.
8.8 Whether the Part 20 Claimant is entitled to the following:
8.9 Recission of the contract; and
8.10 repayment of all charges and interest paid (including sums paid to the credit insurance policy) and interest on those sums; or alternatively
8.11 damages for misrepresentation and interest.

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

Is it HSBC btw?

[redrose281]

Re: What does it mean if you have waived Legal Privilege please?

Thank you very much Amethyst, to be honest there isn't really anything between my solicitor and I which could be disclosed which would be of any use to the other side thankfully.
Thank you for your recommendations, I shall certainly be looking into them both, thank you so much xx

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

http://www.legalbeagles.info/forums/...3843#post73843

http://www.legalbeagles.info/forums/...ause-mortgages

http://www.legalbeagles.info/forums/...lp-court-claim

What was the investment ?

[redrose281]

Re: What does it mean if you have waived Legal Privilege please?

Sorry Amethyst, I didn't see your other posting...unfortuanately I have only just found out about SAR and wish I'd known sooner as the bank has held so much information back it's unbelievable and they held info back from the Fos first investigation which i only discovered at disclosure! I am hoping the stay will be agreed so I can request all of this information but think it is doubtful as the banks response to my N244 application is basically to call me a liar on every point and there's only me against their barrister :-(

[redrose281]

Re: What does it mean if you have waived Legal Privilege please?

The investment was shares in the USA which turned out to be a scam! I lost all of my money.

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

The investment was shares in the USA which turned out to be a scam! I lost all of my money.

Was it publicised when it came out about the scam and did you get anything back ?

[redrose281]

Re: What does it mean if you have waived Legal Privilege please?

No it wasn't publicised, no I didn't get anything back. I reported it to the police but they didn't come up its anything with it being overseas .

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

CASE ADJOURNED..... breathing space

[Amethyst]

Re: What does it mean if you have waived Legal Privilege please?

SAR letter



Dear Sir/Madam,

Data Protection Act 1998
Subject Access Request

Re: RED ROSE - ADDRESS ADDRESS ( plus any old names and addresses if moved house)

I am requesting copies of all details held by your organisation as allowed under the Data Protection Act. I ask that you treat this as a Data Protection Act 1998 Subject Access Request and not a complaint. I have enclosed a cheque for £10 which is the statutory maximum fee for a Subject Access Request. You have 40 days to comply. If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

I would be grateful if you would provide the following in relation to all accounts and products held within HSBC : -

• Full copies of all contracts / agreements which you believe exist or existed in the past between myself and your organisation, including copies of any documents you hold in support of same.
• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.
• Copies of all documents which include any of my personal information including copies of any contracts or agreements, any key data / pre investment documents, emails or computer records containing my personal information, or any records which pertain to this information.
• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual , organisation or third party.
• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information to include any logs of meetings/telephone conversations.
• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Copies of Telephone recordings
• Full copies of any correspondence in postal, email or any other format which you have entered into with myself, any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

I look forward to hearing from you.

Yours faithfully

REDROSE