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millymollymoo V goldfish


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tamadus vbmenu_register("postmenu_", true);

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icon1.gif Re: Im a bit worried!! millymollymoo v goldfish

Ok young lady stop worrying.

 

First your claim will be in small claims track so costs are limited.

 

The without prejudice bit means they can only produce the letter where a claim for costs is concerned.

 

they have untill the 19th to acknowledge the claim so again no wrry needed yet.

 

You have made a valid claim so why should you settle for less ? They owe you say 1000 and you want it, no court can expect you to settle for 200.

 

so sleep easy :-)

 

Dave

 

Quote:

Originally Posted by millymollymoo

Hi guys

I am a bit worried at the moment concerning the fact that I rejected goldfish's offers in full and I will tell you why. They were deemed served 5th feb and have had no acknowledgment as of today. the worry is that I received these offers marked 'WITHOUT PREJUDICE As SAVE TO COSTS ' and I have looked that up. the save to costs bit is added so that THEY CAN show the offers in court they have given in the view of showing i have been unreasonable and so that the judge if proved right will award their costs

 

The thing is each offer had unfair conditions attached , {I did list these conditions to the last rejection letter sent saying I did not agree to them} . I thought that if it came to it to show I was not being unreasonable to the judge I was going to show one of the conditions concerning confidentiallity. It basically said that this offer and any other other or corresponence between Gold fish and me. If I breached the confidentiality then they would reclaim all the money given to me or set off. So I thought that i could tell the judge that as I had discussed my offers and asked for advice from the consumer action group that I felt that I could not accept the offers not even in part for fear of them reclaiming their money as they had stated in their confidentiality clause and that is why I rejected in full.

 

 

What do you think I should do ? Should I send Goldfish another letter staing the actual reason why i rejected their offer as I did not explain in the last on just said I did not agree.

 

Milly

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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MORE EXCELLENT ADVICE FROM TAMADUS P.M'D

 

Do you really expect them to appear in court ?

 

Also they charged you at contractual on the cgarges so all your doing is recovering your losses due to them and ending up in the same position you would have been in had the UNLAWFUL charges not been applied.

 

EVERY one of my claims has been at contractual rate and they all payed up .

 

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

 

FROM ME IN REPLY:

 

Do you think they will reoffer that amount with no conditions or settle the lot after defence ?

 

Milly x

 

FROM TAMADUS

I personally think they will settle after defence, no reason to think they will actually appear in court and upset their comfy little apple cart.

 

Now please stop worrying, if they do decide to break the rules then we can deal with it when it arises.

 

They have to defend unlawful charges and them adding interest to those charges at their contractual rate.

 

I am definitely claiming contractual when I put my claim against egg. I also plan to make their egg into a real humpty dumpty, all cracked and broken so the yolk will be on them.

 

Dave

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Could anyone give me their opinions on whether this is agood argument for claiming contractual because of the borrowing I did?? This is concerning 1b in the thread below.

 

I have copied it from another thread.

 

Quote:

Originally Posted by karnevil viewpost.gif

Directions Hearing Leeds

 

main part of interest

 

 

Thank you for providing this quote. It seems to me that contractual interest may be awarded if the claimant could prove that they ha to borrow at a higher rate.

 

Would this be suffice because this is what has happened in my case. When I paid off GFish I remortgaged my property and extended the term to 25 years from 18 years:sad: to pay off all debts. I directly paid GF from these cleared funds unbenownst that these charges were unfair then. The consequences are now that this will cost me dearly I have worked out £2080 over the term {unless I win the lottery or pay a lump sum} and dependant on interest rates of course.

 

This in relation to the CI I have charged them of £383 on my charges show surely that I have a good argument to the court in pursuing Contractual as I will still be at a massive loss. Also if I had known in February 06 what I know now I would NOT of paid them.

 

What do you think?

 

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Thinking cap time for that one, Milly.

 

Give me a nudge if I don't respond thoughtfully by Monday.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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The fish have missed CCA deadline, by the way this deadline confirmed by them in aletter two weeks ago:D What a laugh!!!!!

 

 

Milly XX

 

P.S Thanks westy your advice given was excellent.

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I am not gonna remind them either as they cashed my cheque..naughty 'fish'.

 

Oh this is to the 'fish' to. Now don't be silly denying Contractual Interest cos I know you have paid it many times before you see;)

 

And I will add that to my AQ if it happens:D naughty!! and my further borrowing which shows you are getting off lightly/

 

Milly XXX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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this is interesting from another thread posted by the cobbett slayer as this is what a judge said;:D .....................

 

'Lee - have a look in my thread because a judge made a very interesting observation at a hearing. He actually informed Cobbetts that they CANNOT make a without liability settlement and impose conditions upon it. '

 

SO THE JUDGE SEEMED TO SUGGEST FROM WHAT I SEE THAT THIS WOULD BE DEEMED UNREASONABLE. ;)

 

OOH i HOPE GOLDFISH ARE READING................

 

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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************************

 

Please note that I am not able to continue posting information regarding this claim. I am happy for it to remain open in case it helps other users but will not be commenting on my own case.

 

It may be purely coincidental, but I am also very happy today. :grin:

 

************************

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi milly

 

sorry to bother you but do you have the address for SAR to be sent out to Goldfish. Just starting the process.

 

Cheers

4th Dec 2006 : Posted S.A.R - (Subject Access Request) :o

18th Dec 2006 ; Received Statements :)

28th Dec 2006 ; Posted prelim letter (£3351.00) :rolleyes:

11th Jan 2007 : Reply, still investigating :x

16th Jan 2007 : Posted LBA (£3331.00/£556.00) :-(

31st Jan 2007 : Bank make offer of £3331.00 :D

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