Sarah V Time Retail Finance **WON**

[sarah13]

Philip says------------------

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

Without Prejudice & Subject to Contract

 

Dear Sarah,

 

Thank you for your email.

 

I am aware of the previous offer which was rejected by you. I also appreciate why you have asked your question. The mistake was unfortunate and I apologise for the misunderstanding.

 

Nonetheless, I am afraid the position is as stated in my last email. GE cannot remove the default. Atkiv Kapital is a completely different and independent company. Of course, feel free to search the internet to verify this fact if you have any doubt.

The monetary offer remains capable of acceptance and, in the circumstances, I have to say that, having examined the factual matrix of your husband's claim in detail, it is a very reasonable offer.

I look forward to hearing from you.

Kind regards

 

Philip Beswick

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

What do you think now?

[steven4064]

Was the series of events like this:

 

1) fell behind with payments on Time card and Timeadded unlawful charges

2) Time passed (sold) debt to Aktiv

3) defaulted on repayments to Aktiv

4) reclaimed charges from Time

 

If so, then what Philip says is probably right.

 

It leaves you with a problem regarding default removal. As there is no unlawful charge issue with Aktiv (is there?) you don't really have a lever to get them to remove the default. The only possibility is a seperate action against them on the basis that the debt they were pursuing and you defaulted on was made up of charges which have subsequently been refunded. However, the 'without prejudice' offer cannot be used as evidence in court. You may have to just live with the default

[sarah13]

Thanks for your advice Steven. Things happened pretty much as you listed. What you said is what i suspected. I shall accept this offer. Thanks again- i'll let you know when i get the cheque!!!!

[sarah13]

just a quick question! Am i bound by confidentiality? On the schedule is the confidentiality clause. This claim is my husbands (in name) so am i right in thinking that he is bound not to speak of the details but i am not (as i'm not signing anything). ?Doubt my hubby could speak much about the details of this anyway- he got lost ages ago!!! Thanks

[steven4064]

They may try and get you to sign a confidentilaity statement but you don't have to and it wouldn't be binding in law anyway. If there is one on the form they send, either cross it out or don't use the form. I had this arguement with Philip and he didn't press it.

 

They sent me a Tomlin order which I put in the recycling. I wrote to them accepting the offer (without stringsd) and wrote to the court (copied to them) once the cheque had cleared.

[sarah13]

quick update- i sent consent order to philip, philip sent it to court now they have received it (I comfirmed). Philip said i will get cheque as soon as court sends him sealed consent order. Court hearing is monday so will this consent order act as a stay until money is received? or should i independantly let the court know what is happening?

[steven4064]

It might be worth phoning the court to make sure. (It will have to be Monday morning as they shut at 4.30)

[sarah13]

will do- thanks

[sarah13]

have been calling the court regularly to check progress. Today they have sent to Salans the sealed consent order so they should get it tomorrow or friday and can then raise my cheque. I emailed Philip to let him know too. Hopefully the end is in sight now. Will update when i have the cheque in my hand!

[sarah13]

Just came across a pic of Philip Beswick of Salans here http://www.salans.com/Default.aspx?sID=14&cID=453&ctID=36&lID=0 he looks a bit like a younger Ian Beale! ha ha ha!! About time my thread contained some light relief!!

Still no cheque but its early days -will inform when it arrives!

[steven4064]

He looks younger than he sounds on the phone - but not much. I always found him quite pleasant and reasonable to deal with.

[sarah13]

i agree Steven, he seems a nice guy. Its good to be able to put a face to the name.

[sarah13]

:) Great news. Got my cheque yesterday for £650. Donation coming as soon as cheque clears! I'm so glad its done and dusted after the long slog for victory. Thanks Consumer Action Group and especially Steven for all your help and support.

Just Barclays left to go....... :)

[steven4064]

Sarah, I'm delighted. Well done...

 

CONGRATULATIONS!

[sallysas]

Really pleased for you.

 

have you come down from the ceiling yet???