jellybabe vs Vertbaudet **WON**

[jellybabe]

Talking about the Devil.......half an hour ago i received following email:

Dear Ms xxxxxxxxx

Without Prejudice Save as to Costs

Your claim against Vert Baudet

Thank you for your letter providing information in relation to this matter.

I would welcome the opportunity to discuss this matter with you, ideally before the end of 21 December 2006. Unfortunately, I do not appear to have a telephone number for you. I should be grateful if you could provide me with your telephone number or contact me on 0113 283 2500 as soon as you are able.

Yours sincerely

Lynsey Smith

I'm wondering if they want to settle now.I think i might reply and send them my nr.

[jellybabe]

oops, was i allowed to copy/paste this on here, because it's without prejudice???????

[jellybabe]

please someone tell me asap, so i can delete it if necessary.

Thanks

[Movingon]

"Without Prejudice" means you can't show the COURT... we don't count!

[Movingon]

P.S. BE PREPARED FOR THE POSSIBILITY THAT they will use the call to try to bully you!!! Don't go in there all light and airy expecting an immediate settlement; they may just want to shout at you for a bit and try to put you off. So begin guarded and go from there.

[jellybabe]

ok, will do.They deff won't put me off, not after all the waiting and all the paperwork i had to do!

[Bookworm]

Sorry, jellybabe, I haven't had a chance to get back online till now.

 

Right. Looks to me as if the court directions are just a bit more detaled than the usual 14 days exchange thing. But in essence, I read it the same, it is just set in such a way that, given such strict directions, they'll be tempted to settle earlier rather than later. This judge, I am going to guess, is a) not impressed with the quality of the defence (hell, who would? ), b) telling them to put up or shut up, which is all good for you, lol.

 

Anyway, under the circumstances, even more reason not to remind them, with a bit of luck, they'll get their whole defence struck off.

 

Tom darling, the reason I flagged the sentence higher up is only because to my mind, it makes jellybabe look less strong, more pliable, that's all.

 

Stamp on them with hobnailed boots on, I say!

[jellybabe]

Thanks Bookworm, got my Boots on and am ready to stamp stamp STAMP STAMP STAMP........oops sorry, got carried away a bit.

[Bookworm]

That's the spirit.

[jellybabe]

Thanks for all of your help everyone!

I can now say the matter has been settled!Can't talk about it......but i can say they didn't get away with what they wanted!So the kick up their backsides must have worked.(i knew these boots would come in handy one day)

[livelylad]

Thanks for all of your help everyone!

I can now say the matter has been settled!Can't talk about it......but i can say they didn't get away with what they wanted!So the kick up their backsides must have worked.(i knew these boots would come in handy one day)

 

Have you accepted a confidentiality clause? You do not have to. can you elaborate a bit?

[Bookworm]

Oh, you didn't accept confidentiality, did you?

 

If not too late, please get back to them and say you are not prepared to be bribed with YOUR money, and then shout your victory from the rooftop!!!

[Bookworm]

Snap, LL,

[jellybabe]

i think i did:o . But it didn't come cheap.Is it that bad????

[jellybabe]

oops, wrong smilie, wanted the embarrassed one

[livelylad]

i think i did:o . But it didn't come cheap.Is it that bad????

 

They have no right to make you accept a confidentiality clause you are the claimant. Have you signed anything yet?

[jellybabe]

no, only spoke to their solicitor on the phone

[Bookworm]

i think i did:o . But it didn't come cheap.Is it that bad????

 

What, do you mean they paid extra for your silence? If they did, then once you have payment, you will be bound by it. If they haven't, tell them to sod off, you have changed your mind and will not agree to be silenced with your money.

 

It's only "bad" as far as letting them getting away with it, for some people, it's not a big issue. For the likes of us pig-headed people with an attitude adjustment problem, , we have suffered for so long at their hands that we refuse to give them an inch, that's all. But it is of course totally up to you. ;-)

[jellybabe]

am i still allowed to talk about?I havent signed anything yet, and am still waiting for the letter(by email i think,how professional) of the solicitors about our phone conversation.

[Bookworm]

Yup. You are not bound by it until you have signed an agreement, and got payment. In fact, I'd hazard that if you were to change your mind in between, you could return the cheque and say: "No deal" and there's not a lot they could do about it.

Don't forget, you are still in the higher position. What are they going to do, withdraw their "offer"? So your court claim continues, which is what they do not want to happen! They're on a tight schedule here, you have them on the back foot!

You have provisionally accepted an offer, but you are having 2nd thoughts about it and taking advice as to whether to sign on the dotted line.

 

Let's put it another way: What if they change their mind and say "we're not paying, we're going to court", could you holler and say: "But you agreed to pay up!!!!" What do you think?

[jellybabe]

true indeed, you have a point there.Actually i only told them that i would "consider" settling with that clause, as they offered to pay me the money they owe and also completely clear my account. It sounded fair enough to me.I think i will have to see if they try to sneak any more conditions in when i receive the letter.

[libbyb]

Nothing to add, jellybabe, just good luck - my friend had an account with their sister Company (La Redoute) and thought she had settled account in full - but her payment crossed with their statement and they had added £2.47 service charge - then the following month charged her account with £15.00 for not making a payment (that she didn't realise she had to make). She wrote a shirty letter advising that she would no longer purchase anything from them should she be treated in this way, and enclosed a cheque for £2.47. Next time she went on line the account was £0.00! They are not making themselves popular by putting in very small print that this £15.00 will be charged if payment is not received on due date. Neither she nor I have used the catalogue from them or Vertbaudet since - nor shall we.

[Bookworm]

Ok, that does sound like a reasonable deal. At least, they do not try to shut you up with your own money.

 

You should clarify before signing on the dotted line that writing off the balance will not impair your credit file, if they were to refer to it as a written-off debt or something (I am no expert on credit files, so can't be more specific). You do not want to find out 1 or 5 yrs down the line that you have a bad marker. Maybe it won't happen, but once you have got the money, you will be bound by confidentiality, and won't really be able to come and discuss this, so make sure you have all bases covered now and that you are sure of what you are agreeing to. ;-)

[jellybabe]

thanks libbyb, i do not intend to buy anthing of them no more anyway.I want the account closed asap.i just hope everything goes the right way.

[jellybabe]

thanks bookworm,you know......i never thought about that!

I'll make sure i get it in writing that they won't leave any markers on my file. Thanks for that reminder!