Smel V C1...refund plus remove default

[Armsoft]

Okay guys, here it is - poached from Tanz and altered although I added your comment Armsoft about the full disclosure.

 

Sorry It's a long one but opinions would be good to hear...thank you!

 

Oh and they have until 8th Feb for this one to file a defence.

 

Angela Wilson

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

NOTTINGHAM

NG2 3HX

 

23rd January 2007

 

 

Re: County Court Claim number *******

 

 

Dear Ms Wilson

 

I write in response to your settlement offer letter dated 17th January 2007 and I acknowledge receipt of this.

 

I thank you for your settlement offer, but my claim is in 2 parts and they are intrinsically linked and since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register.

 

The default was issued to my credit file in September 2005 at a debt of £474 and by the time of the default notice, you had imposed £280.00 in unlawful penalties. By offsetting the total unlawful penalties amount against the default balance of the account, my financial position would have been a balance of £194, even without considering interest occurred from the unlawful penalties, my balance was clearly below my credit limit of £200. On top of this my spending would not have contributed to exceeding the credit limit to a balance of £474 as my credit card would not have been accepted was it past its limit making the unlawful penalties a direct cause of the default notice issued thus the information passed to Credit Reference Agencies was inaccurate.

 

When I signed the credit agreement on the account I did not agree to incorrect data being passed on and I did not agree to paying unlawful charges.

 

In your settlement offer letter, you refer to the position of the account and state: “Your account defaulted with a balance that did include fees…”

With this in mind, it is clear that you understand the basis of my argument. Whilst you are attempting to persuade me that those charges were not unlawful, I would remind you that I am fully convinced that they are and that you twice offered me a settlement offer prior to the claim being filed. It is a County Court Judge that you will need to convince otherwise.

 

In addition to this you also go on to say:

“On 25 August 2005, we sent a default notice to you asking you to send us £234.57 within 10 days to bring your account up to date and avoid a default being recorded.”

I did not receive a default notice for this account and have recently asked you to provide evidence of this. On 6th November 2006 I sent you a request to substantiate the default notice with a signed true and certified copy of the original default notice issued under s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running-account credit agreement). As you aware you are required to supply this information within 12 days although I allowed 28. To this you responded two days later than the requested time frame and stated that you do not hold copies of these despite then saying your records can back up the original sent notice on August 25th 2005.

 

If you wish to carry this through to the court I will be writing to the judge requesting a full Disclosure of your fee structure as it is still my belief that your charges are in fact a penalty and not a true reflection of your costs. I also believe that the default notice was not only a direct result of the unlawful penalties but the original notice was never sent giving me no chance of avoidance whatsoever. I welcome the opportunity for you to prove otherwise in a court of law.

 

I do not accept your settlement offer: my claim is for the full refund of charges, interest and costs plus the removal of the default and the conservative compensation for the damage to my character and incurred interest rates due to a damaged credit score. I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part. If I receive any monies directly from your organisation in relation to this settlement offer without the removal of the default then they will be returned immediately.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

I trust that this clarifies my position.

 

 

Yours faithfully

 

 

Smel,

Letter looks good, my only observation relates to the last but one paragraph and your `compensation` reference.

If you are going to ask for compensation through the court (and at the discretion of the court) you may be asked to quantify the actual loss that you are seeking compensation for, so you need to start giving that some thought (any credit taken out since Default and the difference in interest rate given against bank standard rate etc,etc).

If C1 settle and remove the default without going to court you won`t need the information, but I would suggest getting it together, just in case.

Otherwise, looks fine to me

[TANZARELLI]

Hi smel24,

 

Glad this has been of use. I sent this letter off this morning only 1st class post but got proof of postage. I will let you know of any developments as they come in. Credit for most of the wording goes to J2B as he helped to contruct the bulk of my letter.

 

Duly subscribed to your thread too, will keep an eye out.

 

Tanz

[smel24]

Hey Tanz, I feel more confident now you've done this and thanks to J2B!

 

Armsoft, you've mentioned the compensation before on this thread and doing a quick calculation on interest if I were to work it out it would be a much larger figure than £100. The default was placed 1yr 4months ago, nearly a year ago I applied for a 0% credit card to move my existing debt. I did not get this even after arguing the automatic decision and speaking to a credit advisor. The only thing that would have impeded me at this time was the default . Since then I have stayed on the existing credit card which has an APR of 25% - that's a lot of interest over the year when I could have had a 0% card (I actually worked it out to be around the £360 mark)

Hopefully if I get the default removed I can then reapply for a 0% card and get it this time.

 

Thanks again for being thorough Armsoft - do you think I need to put more detail into my reasoning for compensation so they know I have actually worked this out and it's not greed or cheek?

[smel24]

Hi all,

Right, I have added this paragraph (below in blue) to the letter right before the "If you wish to carry this through to the court..." paragraph to back up my compensation claim. The story is completely geniuine and I can back it up no doubt by simply obtaining a copy of my credit file where there will be a credit search done by Egg a year ago but no account opened.

The letter is now quite long but hopefully that just shows I have done my research (with the help of J2B and Tanz) and will go to court prepared.

In response to my request for compensation for inaccurate data of a default held on my credit rating, I can fully back this amount. I have had the default on my credit rating for a year and four months now and a year ago I tried unsuccessfully to obtain a lower interest rate credit card to move my then existing debt to reduce the length of time paying the balance off. I only applied to one lender knowing that multiple credit searches also make an impact on your credit score; when the facility was refused I requested a manual application which they did but was also refused the facility, I then requested the main reason behind this decision. The reason was that the default had been applied only a few months before and they were not prepared to lend at that time although they did say I could re-apply in six months with new consideration. Given that I had to remain on my existing higher interest rate this caused me a substantial amount more interest spent in the six months that followed and the default still causes me application problems now. I feel I have been conservative with this compensation and am duly owed.

If you wish to carry this through to the court....

Thanks for reading - all opinions welcome!

[e28bigalbexley]

Hi Smel.

I hope i dont throw a spanner in the works but i believe that a CCA request along with a £1 will not furnish you with a copy of a default letter, it will get you (Maybe) a copy of a fully executed copy of an original CCA agreement, state of the account, payment details, and a copy of the deed of assignment(i believe).

To get a copy of the default (if possible) you would need a DPA SAR the same thing you asked for the statements on but probably worded to include, 'any default notices, or CCJ's, that were applied to my account'.

 

Please slap me hard if im wrong:D

AL;)

[smel24]

Okay thanks for that Al.

 

I think then I'll change the 'you should have supplied me with a copy of notice with the CCA request' to simply 'I never received a default notice - had I done I would have rectified the situation at the time' - does that sound okay?

 

Smel

[smel24]

Bump.....

 

....sorry to bump but I need a bit mroe confidence in this letter before I post it!

[Armsoft]

Hi Smel.

I hope i dont throw a spanner in the works but i believe that a CCA request along with a £1 will not furnish you with a copy of a default letter, it will get you (Maybe) a copy of a fully executed copy of an original CCA agreement, state of the account, payment details, and a copy of the deed of assignment(i believe).

To get a copy of the default (if possible) you would need a Data Protection Act S.A.R - (Subject Access Request) the same thing you asked for the statements on but probably worded to include, 'any default notices, or CCJ's, that were applied to my account'.

 

Please slap me hard if im wrong:D

AL;)

 

Al,

No Slaps, but just some clarification.

To obtain (or try to obtain) a copy of the original Default Notice, you need to send a s.78 & s.77 request - Letter as follows

 

--------------------------------------------------------

After recently obtaining a copy of my credit file from Credit Reference Agencies I was concerned to note that XXXXXXXX has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1). Your obligation also extends to providing a statement of account.

I enclose a £1 cheque in payment of the statutory fee.

2. You must supply me with a signed true and certified copy of the original default notice, along with evidence of serving the notice.

I would request that this data is provided to me within the Statutory Period Allowed of 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Please note, as you may be aware, if you fail to comply with this request within the 12 day timescale, and fail to deliver to me within 30 days of my request the documents requested, you will be committing a criminal offence. I will have no hesitation in taking out court action if you fail to comply, which could be both costly and embarrassing to your company.

 

Yours faithfully

--------------------------------------------------------------------------

Obviously replace XXXXXXXX with the banks name, head up as a standard request letter, send, and then sit back and wait for the reply.

How far you take it is up to you, but one thing you will not receive is a copy of the original Default Notice, as the banks do not retain copies:eek:

So, perhaps a good case to argue in court if it ever gets that far.

Smel,

As your obviously going to be heading down the court route, I would suggest sending the above letter to the bank, its just another leverage tool, but also is a good document to have in your Court Bundle:)

As always, good luck

 

 

 

 

[smel24]

That's great news thanks again Armsoft as I have already done this (I refer to it in my lengthly letter) and their reply was 'we do not hold copies of the original notice' - just as you've said! I have of course kept all this communication with them and copies of it went in with my claim

 

Okay, then I'll keep the letter as it is and maybe add the bit 'if I had received the original default notice I would have done everything to avoid a default'.

 

Letter being posted tomorrow morning....

[e28bigalbexley]

Hi

Look im sorry but Sec 78 does not say that........

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

It also is not 12 days its 12 WORKING DAYS im trying to help and i myself am waiting confirmation of what i have said.

I still dont think they will supply you a copy of a default notice (if they could) (they may well tell you when it was issued) on a CCA 78 request.

 

AL;)

[Armsoft]

Hi

Look im sorry but Sec 78 does not say that........

 

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

 

 

 

It also is not 12 days its 12 WORKING DAYS im trying to help and i myself am waiting confirmation of what i have said.

I still dont think they will supply you a copy of a default notice (if they could) (they may well tell you when it was issued) on a CCA 78 request.

 

AL;)

 

Hi AL,

I can`t remember the wording under s.77, but the combination request under s.77 & s.78 should be what`s required to legally require the creditor to provide the requested documents.

This advice has been given by the Mods on numerous occasions in the past months, and I have sent requests under these terms to the Abbey & Capital One, both of whom have complied as far as they are able too, but both said in writing that they are unable to fully comply as the do not hold copies of original default notices, both though quoted their `recorded` date of being served.

A minefield I know:)

[TUTTSI]

Wow Smel things are really getting going for you now with help from all over how fantastic is that! with a little help from your friends....

[e28bigalbexley]

Hi D

S77 is basically the same but it deals with 'Fixed Term Credit' ie HP over X amount of years, whereas 78 deals with 'Running-account credit' a credit facility. No where in the Act does it state They must supply a copy of the default. They may tell you in the 'state of account its defaulted, and the date' but they, i believe, are under no obligation to supply a copy of the default.

And imtrying to help not hinder anyone.

 

AL:)

[e28bigalbexley]

HI ya

Have a read http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

AL:)

 

That should keep every one up late

[TANZARELLI]

Hi Smel.

I hope i dont throw a spanner in the works but i believe that a CCA request along with a £1 will not furnish you with a copy of a default letter, it will get you (Maybe) a copy of a fully executed copy of an original CCA agreement, state of the account, payment details, and a copy of the deed of assignment(i believe).

To get a copy of the default (if possible) you would need a Data Protection Act S.A.R - (Subject Access Request) the same thing you asked for the statements on but probably worded to include, 'any default notices, or CCJ's, that were applied to my account'.

 

Please slap me hard if im wrong:D

AL;)

 

I would agree that this info in the form of a copy of the notice of default would prob not even be kept by most credit card companies, they would however need to keep info on the date of issue, payments missed, default amounts etc. This should all be supplied by doing, as mentioned above a full detailed SAR. The only reason I think they dont always supply it when people request statement/transactional data is because they have not specified it when doing a full SAR.

 

I was under the impression the a CCA request would, if they had it, get you a copy of your signed executed copy credit agreement.

 

For total clarification I wuld PM a mod if your unsure.

[smel24]

Okay guys,

 

I have done a SAR although I didn't request specifically for a default notice as well. I also did a CCA in which the reply was that they don't hold copies of default notices but the list of computer actions from the SAR does show the action and date of the default.

 

So here is what I'll do, I won't include the bit about S.78 as this has no legal stand on obtaining a D Notice but I will stipulate that I did not receive the notice - had I done I would have rectified the account avoiding a default. Hopefully that will make it all clear.

 

Thanks again to everyone's help!

[TANZARELLI]

Okay guys,

 

I have done a S.A.R - (Subject Access Request) although I didn't request specifically for a default notice as well. I also did a CCA in which the reply was that they don't hold copies of default notices but the list of computer actions from the SAR does show the action and date of the default.

 

So here is what I'll do, I won't include the bit about S.78 as this has no legal stand on obtaining a D Notice but I will stipulate that I did not receive the notice - had I done I would have rectified the account avoiding a default. Hopefully that will make it all clear.

 

Thanks again to everyone's help!

 

Sounds a good plan

[smel24]

Well before I had the chance to post my 'no thanks' letter yesterday I had a AQ come through with C1's defence from the court saying the same as it did in the letter and taht they have settled the money

 

I have just read the updates on Tanz's thread and will take the same action so that we're hitting them doubly hard - I will refuse the cheque on the basis that it is linked to the default and the court will have to decide, I will also copy this letter to the court.

 

I may need some help on the AQ though as I've never done one of these!

[TANZARELLI]

Hi Smel,

 

Just post your questions here and you will get the help you require.

 

For starters have a look here:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Post #2 for the draft directions order if thats how you want to play it.

 

On AQ Section G to include:

"The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour".

 

Then attach the draft order to the AQ.

 

 

Or here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Section G to include:

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

Hope that helps

 

 

Tanz

[smel24]

Wow that's a lot to get my head around! I'll work on this today and post any questions.

 

Thanks Tanz!

[TANZARELLI]

Ok no probs.

[smel24]

Okay I have read through the templates and FAQ's for AQ's and with much help from Jonni2bad and GaryH I have filled in the lot along with the wording from Tanz plus the Draft Order for Directions.

I have one question though: on the form N150 in part D: Case Management Information, I have written myself as a witness but what do I put in the bit next to it under 'Witness to which facts'?

Surely I'm witness to all facts related to my case?

Also I am I right in reading GaryH's Guide to New AQ Strategy that I don't have to include the claimant direction documents a,b,c &d until the judge aceeds the request? I hope so as I really don't understand c & d just yet

I have also stolen the basis of Tanz's letter to the judge in response to C1's "settlement letter" as below (thanks again Tanz)

I will copy the AQ and send with my refusal letter tomorrow to C1

The Court Manager

Clerkenwell and Shoreditch County Court

The Gee Street Courthouse

29-41 Gee Street

London

EC1V 3RE

FAO The Court Manager

29th January 2007

Re: Claim Number 7EC00003

 

I am writing to inform you that I received a letter from the Defendant regarding a partial settlement dated 17th January 2007, which I have rejected for the reasons set out below.

 

1) The Defendant has failed to remove the Default which was entered inaccurately onto my credit file.

2) The Defendant has failed include the compensation of £100 for financial loss due to the default notice incorrectly entered onto my credit file.

 

My claim is in two parts and they are intrinsically linked. The Defendant offered to settle by sending me a cheque for the scheduled charges applied to the account and the court fee. The defendant feels that this is a full settlement and asked me to confirm settlement and discontinue the claim. Until the defendant realises my claim to include the removal of the default notice I will not accept a monetary settlement.

 

Should the Defendant change its mind then I am happy to enter into a further discussion to bring this matter to a close once and for all, hopefully before the need to waste further valuable court time.

 

I have enclosed all relevant letters of communication. Please could you add these to my case file.

 

Yours faithfully,

Miss Claimant

Enc:

Copy of partial settlement letter received from the Defendant dated 17th Jan 2007

Copy of letter sent to the Defendant of 29th Jan 2007

 

I think I've thought of everything I just have to remember to print, copy and send all the appropriate documents tomorrow! Wish me luck

 

 

[smel24]

Oh I also meant to ask:

• In the Draft Order for Directions can I request that C1 should prove that the default was not a partial or direct cause of the charges?
  
• And also to prove that they actually sent me a default notice?

Sorry lots of questions but all to get it right....!

[smel24]

Me again....

 

I have included the following to my Draft Order of Directions on top of the standard Draft Order:

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Schedule of interest accrued as a direct result of the default notice entered against the Claimant’s credit score and a statement of evidence of all matters relied upon as tending to show the default has been applied inaccurately and has since caused financial loss.
  

The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• If such default notice is alleged to be accurate then facts and matters intended to be relied upon showing the basis upon the original notice sent and its accuracy without relation to such charges.

I hope this is all in order and that I am able to add this - can someone confirm?

So the other thing I just need to know is: on the form N150 in part D: Case Management Information, I have written myself as a witness but what do I put in the bit next to it under 'Witness to which facts'?

Ta V. much Smel

[TANZARELLI]

Okay I have read through the templates and FAQ's for AQ's and with much help from Jonni2bad and GaryH I have filled in the lot along with the wording from Tanz plus the Draft Order for Directions.

 

I have one question though: on the form N150 in part D: Case Management Information, I have written myself (not sure if you can be a witness in your own case, I think this means other additional witnesses (I may be wrong) but I would check this out further. as a witness but what do I put in the bit next to it under 'Witness to which facts'?

Surely I'm witness to all facts related to my case?

 

Also I am I right in reading GaryH's Guide to New AQ Strategy that I don't have to include the claimant direction documents a,b,c &d until the judge aceeds the request? I hope so as I really don't understand c & d just yet

 

I have also stolen the basis of Tanz's letter to the judge in response to C1's "settlement letter" as below (thanks again Tanz)

 

I will copy the AQ and send with my refusal letter tomorrow to C1

 

The Court Manager

Clerkenwell and Shoreditch County Court

The Gee Street Courthouse

29-41 Gee Street

London

EC1V 3RE

 

FAO The Court Manager

29th January 2007

 

Re: Claim Number 7EC00003

 

I am writing to inform you that I received a letter from the Defendant regarding a partial settlement dated 17th January 2007, which I have rejected for the reasons set out below.

 

1) The Defendant has failed to remove the Default which was entered inaccurately onto my credit file.

2) The Defendant has failed include the compensation of £100 for financial loss due to the default notice incorrectly entered onto my credit file.

 

My claim is in two parts and they are intrinsically linked. The Defendant offered to settle by sending me a cheque for the scheduled charges applied to the account and the court fee. The defendant feels that this is a full settlement and asked me to confirm settlement and discontinue the claim. Until the defendant realises my claim to include the removal of the default notice I will not accept a monetary settlement.

 

Should the Defendant change its mind then I am happy to enter into a further discussion to bring this matter to a close once and for all, hopefully before the need to waste further valuable court time.

 

I have enclosed all relevant letters of communication. Please could you add these to my case file.

 

Yours faithfully,

 

Miss Claimant

 

Enc:

Copy of partial settlement letter received from the Defendant dated 17th Jan 2007

Copy of letter sent to the Defendant of 29th Jan 2007

 

I think I've thought of everything I just have to remember to print, copy and send all the appropriate documents tomorrow! Wish me luck

 

 

 

Hi smel,

 

Going to add this line highlighted in red from your version of my letter as I like how it reads.

 

Glad it was of use.

 

Tanz