will do- thanks

quick update- i sent consent order to philip, philip sent it to court now they have received it (I comfirmed). Philip said i will get cheque as soon as court sends him sealed consent order. Court hearing is monday so will this consent order act as a stay until money is received? or should i independantly let the court know what is happening?

just a quick question! Am i bound by confidentiality? On the schedule is the confidentiality clause. This claim is my husbands (in name) so am i right in thinking that he is bound not to speak of the details but i am not (as i'm not signing anything). ?Doubt my hubby could speak much about the details of this anyway- he got lost ages ago!!! Thanks

Thanks for your advice Steven. Things happened pretty much as you listed. What you said is what i suspected. I shall accept this offer. Thanks again- i'll let you know when i get the cheque!!!!

Philip says------------------ --------------- Without Prejudice & Subject to Contract Dear Sarah, Thank you for your email. I am aware of the previous offer which was rejected by you. I also appreciate why you have asked your question. The mistake was unfortunate and I apologise for the misunderstanding. Nonetheless, I am afraid the position is as stated in my last email. GE cannot remove the default. Atkiv Kapital is a completely different and independent company. Of course, feel free to search the internet to verify this fact if you have any doubt. The monetary offer remains capable of acceptance and, in the circumstances, I have to say that, having examined the factual matrix of your husband's claim in detail, it is a very reasonable offer. I look forward to hearing from you. Kind regards Philip Beswick --------------------------------------- What do you think now?

Thanks again Steven I have done just that and am awaiting his reply...........

Hope i've answered correctly. thanks again for your help

steven, please can you read my last post. Does it sound like another excuse that GE say they cannot remove the default and its up to aktiv? Doesnt it seem strange that they would remove the default if i accepted £400 but at £650 cant. Your thoughts much appreciated....

Just got this-------------------- Without Prejudice & Subject to Contract Dear Sarah, Apologies for the slight delay in reverting to you. Your husband and my client are in agreement as far as the amount of £650 as goodwill gesture is concerned. However, I am advised that the default notice is not held with my client, GE Money. Rather it is held with Atkiv Capital, an completely separate and independent company. Accordingly, I am afraid that it is simply not possible for GE to remove the default. It is purely a matter for Atkiv and you will have to contact them in this regard. I attach a revised Consent Order for your husband to sign and return should the offer of £650 remain acceptable. I look forward to hearing from you. Please give me a call should you wish to discuss this matter. Kind regards. Philip ------------------------------------- doesnt sound right that i should have to contact aktiv for the default removal- debt was started with time. Also though aktiv was a division of ge. What do you think?

We were exchanging several emails a day and after all this time my patience is wearing a little thin! Be glad to burn my file and forget all about Time aka GE money:cool:

i accepted their offer shortly after posting last on this forum, i have heard nothing since despite emailing philip several times.

thats what i was thinking too. think i'll accept then. Thanks

yes it is

Time debt turned into CCJ then was tied to 1 other outstanding debt with barclays (not ccj) then applied for administration order. first instalment of Admin order was june 05. it was paid in full in oct/nov 07. The interest figure was reached by applying 31.99% on vamps spreadsheet. Think we realised i should have claimed compounded a few posts ago but as basic interest was all i put on my spreadsheet and submitted to court thought i should continue...

hi Steven, Thanks for replying. Amount on spreadsheet for claim about £1000- made of £350 charges and to date £615 interest (basic interest as on original claim). Philip is saying that i am not entitled to any interest as the admin order stopped that from being applied to the debt which is now settled. With me so far? !!! Dont want to accept this offer, i want to hold out for more and am well prepared to go to court if need be. Could you help me with the wording for my reply to him. Thanks again

this is more like what i wanted but not quite there. appreciate your opinion as always Steven----------------- ---------------------------------------- Without Prejudice & Subject to Contract Dear Sarah, My client is willing to pay £650 to your husband in full and final settlement of his claim. You will appreciate that this sum is more than he has paid and will be paid as a goodwill gesture. Please confirm that this is acceptable and I shall immediately send to you a consent order to reflect the terms of the agreement to be signed by your husband. I look forward to hearing from you. Kind regards. Philip -------------------------------------------------

Thanks Steven, your advice is very much appreciated. I'll let you know what comes next!

i emailed again and this is what i got in reply--------------------------------------------------- Without Prejudice Dear Sarah, Thank you for your email. I am awaiting instructions which I hope to have soon but it is extremely unlikely that my client will agree to pay the sum you ask as a goodwill gesture. You must understand that you husband has not paid what you claim. This is a simple point and you have previously agreed that he cannot seek to recover what he has not paid. Further, the offer to remove the default notice is made purely as a goodwill gesture. The default notice was because your husband failed to make payments in accordance with his obligations not because of any charges debited because of the missed payments. Despite what you say, this fact is indisputable. Not withstanding the above two points I am seeking instructions and will revert to you as soon as I am inn possession of these. Kind regards. Phil ----------------------------------------------------------------------- we are going round in circles again.................... what are your thoughts Steven?

xx

thats what i was getting at!!! balls in their court now!!! :)

i sent this back -------------------- Without Prejudice Dear Philip, I managed to get the court to talk to me in the absence of my husband. The amount on the admin order listed for Comet Card was £480.91- the court fee for this arrangement was £114. I note what you say about your clients need for the settlement to reflect what was paid. I agree although i do think the settlement should also reflect the length of time this has been outstanding (the account and the claim), all the letter writing and general administration I have done on his behalf and most importantly the extremely negative effect these unfair charges have had on my husbands long term credit rating. The effects of this are ongoing. I am still prepared to attend court if need be. I would like to have it explained to me during the hearing how it costs £15 - £20 to send an arrears letter which times 17 made his debt and all these problems since. Kind Regards, ----------------------------------------------- hard to think this will ever be over- just keeps dragging on and on- hearing date is the cut off tho when it will all be over 1 way or another. Will keep you posted..........

there has now been many emails back and forth- heres the latest---------------------------------- Without Prejudice Sarah, You will appreciate that, as the account is settled, any offer my client might make needs to accurately reflect what your husband paid. Aside from the Court fee, it is not prepared to pay your husband more money than he himself paid. This is clearly reasonable. Accordingly, please do let me know how much your husband paid. Kind regards. Phil ------------------------------

So .... i emailed philip this morning, heres what i got in reply ----------------------------- WITHOUT PREJUDICE Dear Sarah, Many thanks for your email. I fear you have misinterpreted my point about the interest. I shall explain in greater detail shortly. However, given that the charges were refunded before the claim was brought please explain why interest upon these charges can be claimed. Further, as you are aware, £308 was credited to your husband's account with Atkiv Capital. You will appreciate that he cannot claim this money again. Please let me know exactly how much money your husband part in respect of his account in as part of the administration order. I look forward to hearing from you in order that we can, hopefully, settle this protracted matter. Kind regards. Philip ------------------------------------------------------ Firstly and most importantly the credit of £308 never happened- I have emailed back and am currently awaiting a reply. Love the WITHOUT PREJUDICE. will update when i have it :-|

I love it!!! I will work something out tomorrow. Thanks so much both of you!

Many thanks Steven by the way. I am loving the way my claim is getting larger!!!