Can i use these emails in court?

junk_shop, Oct 26, 3:37pm
ok im having trouble with a car deal and trying to sort thing out with them and i have been asking to confirm all phone call with a email stateing how we are going to fix the car.(as hes a lieing bugger)
but a just seen this at the very bottom of ever email .Can i still use emails in court!
"This correspondence is for the named person's use only. It may contain confidential or legally privileged information, or both. No confidentiality or privilege is waived or lost by any mis-transmission. If you receive this correspondence in error, please immediately delete it from your system and notify the sender. You must not disclose copy or rely on any part of this correspondence if you are not the intended recipient. Any views expressed in this message are those of the individual sender, except where the sender expressly, and with authority, states them to be the views of ! Cars Ltd"

loonee-dial-111, Oct 26, 3:43pm
That information at the bottom of emails is meaningless.

fryan1962, Oct 26, 3:56pm
not sure I do know I can doctor any email to say what ever I want

splinter67, Oct 26, 4:06pm
go talk to a lawyer and stop asking on here its not helping your case you wont get the right answer here anyway I would also ask trade me to take the other thread off the one where it says you've tried to work on the car

smac, Oct 27, 6:38am
Are you not the intended recipient!

attitudedesignz, Oct 27, 7:52am
Why did you not just inform the seller within 7 days that you no longer wanted the car, as i suggested in your previous thread.

If you had of done that you would be in the clear (legaly) and it would've been up to him to sort it out. Either through the courts or refunding $ & collecting car.

amberjandal, Oct 27, 8:40am
Take the e-mails and show them , the mediator will decide if they can be used or not.

meathead_timaru, Oct 27, 8:59am
Fine to use and they will be accepted. If the dealer was smart he'd put "WITHOUT PREJUDICE" on all correspondence, then you wouldn't be allowed to use them.

mechnificent, Oct 27, 9:18am
Not quite Timaru. "without prejudice", has no bearing on whether emails are acceptable evidence in court or not.
That term only means that any concessions made are not an admission of fault or guilt. only concessions.
People often make concessions for pragmatic reasons and it doesn't mean that they are admitting fault, or guilt.

raymond00001, Oct 27, 11:22am
Perfect evidence, written statements with date and time stamp. That bit at the bottom is just privacy stuff, no effect on use in court.

meathead_timaru, Oct 27, 11:45am
Nothing to to with that. The effect is that the information contained within generally cannot be used as it is deemed by the courts to be privileged.
http://www.andersonlloyd.co.nz/uploads/files/__Without_prejudice___negotiating_with_confidence_(Jane_Argyle).pdf

mechnificent, Oct 27, 12:17pm
Privileged in the legal sense Timaru is an entirely different thing again.

junk_shop, Oct 27, 2:54pm
i have they are now mucking me around with the pick up of the car

junk_shop, Oct 27, 3:07pm
this is the email i sent
Thank you for your email.

I decline your offer of a replacement engine. I believe the condition of the car I brought from you was mis-represented to me.
I therefore wish to terminate the agreement to buy the vehicle, I repudiate on the grounds that it did not match the description of the car listed on Trade Me(Listing #: xxxxxxx). I believe the condition was therefore falsely and negligently misrepresented to me. I therefore request you to make arrangements for you to transport the vehicle back to your yard.
I also request the return of the $xxxxx that was paid to you by myself on Saturday, my bank account number is 03 xxxxxxxxx 000.
Regards
Wayne
not only the engine problems theauction was missleading (i would love to show the listing) if the crap hits the fan i will .in the last week i have found 5 others in the same boat as mesome are talking to fair go