tekcom vs. First Direct - **WON**

[Guest]

Well, I've been a busy bunny !!

 

Sent DPA request on 02/06/06

 

Had reply on 12/06/06

 

Statements arrive by DHL on 17/06/06

 

Charges Calculated and claim sent on 17/06/06

 

Inital offer letter received 23/06/06 - Less than what I claimed for, usual crap about costs to defend etc.

 

Moneyclaim issue 23/06/06 for £745.55 - 6QZ41223

 

So we shall see what happens next.

[Mindbomb]

Good for you.

I've got a fair idea what will happen next.

[Guest]

What got me, was that the letter they sent regarding their inital offer stipulated that the refund would be placed against my current debt with them.

 

My account has been closed for a few months now, and the debt passed to a DCA; can I force them to send me a cheque ? or can they legally use the cash to pay off some of my debt ?

 

What's more interesting is that the letter was WITHOUT PREJUDICE... I always smile when I see that :grin:

 

Tekcom.

[Mindbomb]

Hmmmmmmmmmm. Really not sure about that. I know that Dave demanded how he required payment to be made but really don't know about the legalities seeing as you owe them money - sorry.

I like the without prejudice bit as well. So if I agree to your confidentiality clause and then breach it - how do you prove I signed it to a judge??

Maybe someone will be along soon to advise.

[barracad]

I should think they are quite within their rights to knock the amount off what you owe them - after all, you owe them more than they owe you.

 

If it ended up in court the judge wouldn't be very impressed that you were trying to claim off them, but at the same time refusing to use it as a part payment to clear your debt.

[Guest]

Hmmm, ok, well thanks for the advice....

 

Bit of a kick in the teeth TBH, but hey, can't really blame them.

 

I have construted a reply to them sayng about a cheque payment. I'll have to see where that gets me, if anywhere at all

 

Tekcom

[Guest]

Interesting progress made...

 

Had a letter from DG Solicitors today saying that they are now offering the full amount, but that it will be deducted from what I owe FD.

 

I have written back saying that I accept the offer on the condition that payment is made to me only.

 

I also wrote that if they didn't pay me directly, then I would continue with legal action.

 

After reading some threads about this very problem, I am confident that not only if I request cheque payment, they will send it. But also that I am within in my rights to request said payment, as it is my money to decide what to do with.

 

Anyway, will keep you all informed of progress or possibly lack of.

 

Good luck one and all.

[ppauls150]

Hello. Maybe worth a read of my thread for you. DG Solictors. Need Help .

 

Now then i had the same problem but didnt discuss the terms and conditions with them on how the payment was to be made. She told me that i should of done this before signing. All i recommend to anyone now is never sign anything unless it is on your terms. You are the one whos money it is and you are the one claiming and you should be the one on who decides how you receive your money. If they wish to try and use this money then they should start a seperate court action for this to happen in my eyes, and if they took that to court the following questions should be noted.

 

How can they decide how to use your money how they want ?

You have an agreement with the DCA to pay so much a month.

Just like you, they should take the proper procedures like you had to.

If they never do as you request then i would tell them that you will discuss this in court. What have you to lose. They are telling you that they will pay your debt off and you aint getting nowhere and if a judge decides on the same thing then you have lost nothing, but i doubt that he will. They will never get this far as you will then be able to show the reason that they owe you this money in the first place.

[Guest]

Yeah, I read that post already....

 

I wrote a letter to DG Solicitors saying that I wanted Cheque only. The replied with a standard "thanks for your signed confirmation, the funds will be deposited into the account within 48 hrs."

 

First of all, they've totally ignored what I wrote. When I called them, I was told that the money would be offset against the debt, no questions.

 

I told them that this was not the agreement that I had made, and that if they choose to pay the DCA money, then that's their problem, and I will still be persuing them for funds.

 

I intend to let this one go all the way, as you say, nothing ventured, nothing gained.

 

I am just about to send another fax off to DG highlighting these factors, should be interesting to see their response.

[ppauls150]

It will probably be something like this. Also you have the edge as you told them before signing that you wanted it by cheque so now they are playing dumb.

Your original action has been compromised and is therefore at an end. Any dispute you have with the way HSBC has executed that compromise agreement should be the subject of a separate action (Chitty on Contract, 27th ed, 22-014). We have recently been successful in arguing just this point before the County Court.

 

Your debt being managed by Metropolitan Collection Services Ltd has therefore been reduced by the amount of the settlement - £xx.xx – from £x.xx to £xx.xx.

 

We trust this clarifies the position and would respectfully suggest that you take legal advice as you have indicated you intend to do.

[Guest]

Got home this evening to find a cheque for the full amount grinning at me.

 

Now very very happy !!!

 

 

Survey completed, donation to be made once the cheque clears !!!

 

Must be a good day for me, had a BT rebate, and Abbey settle aswell.... Do you think I should do the lottery tonight ??? LOL

[barracad]

Congratulations!!

 

Don't bother with the lottery... just tell me your numbers