First National/GE Money loan rcharges reclaim issued court claim ***WON***

[scatz1972]

I can post it if its easier, I just didnt know if I was allowed to do it.

[MARTIN3030]

Do not cross out the full and final-since this forms the basis of THIS case.

You can add your own wording I suggest something to the effect of;

 

 

 

I agee to accept the above offer as full and final settlement of this claim,but reserve the right to further claim any additional amounts that may be discovered at a later date.

In signing,I do so with no pre-conditions including a requirement of confidentiality,since if the matter was decided in Court,I would have no requirement to agree to such conditions.

 

 

 

Make sure you take a copy of it with your adds.

[iconoclash]

Hi - oh thanks for others stepping in - my head is full of spaghetti after being in court myself on monday. I was just re-reading the thread having missed that you had put the claim in to the court - sorry. Isnt it funny that GE are now answering your claim and paying up. I've never heard of this sending a sealed letter to the court lark - what might that cost them? - surely they need only prove that you have accepted their offer and ask you to confirm your withdrawal of the case against them. }

[scatz1972]

Okay thanks for your help everyone

 

I will donate some more to the site when I receive the cheque.

[MARTIN3030]

Hi - oh thanks for others stepping in - my head is full of spaghetti after being in court myself on monday. I was just re-reading the thread having missed that you had put the claim in to the court - sorry. Isnt it funny that GE are now answering your claim and paying up. I've never heard of this sending a sealed letter to the court lark - what might that cost them? - surely they need only prove that you have accepted their offer and ask you to confirm your withdrawal of the case against them. }

 

They are playing safe.

When reclaims started-it was possible for defendants to pay directly into Court-but there was ammendments made to CPR I think in mid 2007 which stopped it.

Off the top of my head I think it was under part 36.

Certainly they are not doing this out of the goodness of their heart.

 

Have a read here;

 

PART 36 - OFFERS TO SETTLE

Edited February 4, 2009 by MARTIN3030
add info

[MARTIN3030]

I have just realised something and so have come back to post.

If you sign a consent order as full and final-then it will be very difficult for you to apply for costs if it has not been addressed in the consent order.

Maybe this is the main idea behind it.

 

Have you sgned and sent it yet ?

[scatz1972]

Yes it went yesterday The letter said they would be paying the correct amount as set out in the SOC plus interest and court fee. They only thing they wouldnt pay for was the Subject Access Request.

[scatz1972]

In the order it says:

 

BY CONSENT

 

IT IS HEREBY ORDERED THAT:

 

1) All further proceedings as between the claimant and the defendant in this action be stayed upon the terms set out in the schedule attached, except for the purpose of enforcing or carrying out such terms into effect with liberty to apply for that purpose; and

 

2)Each party do bear their own costs of these proceedings.

 

Then there is the schedule attached

 

1) The claimaint accepts the sums of £ (the settlement sum) in full and final settlement of all claims that the claimaint has against the defendant in respect of the facts and matters set out inthe claimants claim form and particulars of claim and these proceedings generally.

 

2) the defendant without and any admission of liabaility shall pay the settlement sum to the claimant within 28 days of the date of service of this order.

 

3) Talks about the confidentiality - I crossed this section out.

 

I then added the bit you wrote.

[scatz1972]

is everything gonna be okay still?

[scatz1972]

Got the cheque this morning thanks for all your help!! I will give a donation as soon as the cheque clears.

 

Now to get the default that Aktiv put on the debt removed...I bet GE wish they never sold the debt (which was 100% charges) to Aktiv now

[caro]

Congratulations Scatz.

 

Thanks in advance for the donation and don't forget the survey. http://www.consumeractiongroup.co.uk/