Sarah V Time Retail Finance **WON**

[steven4064]

Good for you

[sarah13]

at last got an email reply

not what i was hoping for as in my claim against ge i thought the default removal was in the consent order and he says it isnt (need to find it from my house moving boxes) i still dont have any documentation from cl either

 

heres what he replied anyway

 

 

Thank you for your email. I respond as follows:

 

(1) Your claim

 

Your claim has been settled and the accounts have been closed. Feel free to call CL Finance to confirm this should you wish to do so.

 

I am very surprised that you claim that it was agreed that a default would be removed from your credit record. The terms of agreement were recorded in a draft Consent Order which was sent to you for approval and signing. You signed the Order and returned it to me whereupon I signed it on behalf of my client and sent it to Court. The Order has been approved of by the Court and your claim is settled.

 

(2) Your husband's claim

 

I am conscious, as you are, of the hearing date of 25 February. I am taking instructions from my client and hope to be in a position to provide a substantive communication to you about your husband's claim by the end of the week.

 

Regards

 

Phil Beswick

[steven4064]

Sorry about (1). (2) might be hopeful though

[sarah13]

Good news- had an offer yesterday - it was really low - was £400 and claim is for £1000 so have sent a reply detailing exactly what i do want- will update when i have news

[sarah13]

This is what i just got--------------------------------

 

Thank you for your email.

 

Whist I will take instructions, I have no doubt that your offer, such as it is, will be refused. Your interest calculations are fundamentally misconceived. Further, and as you should know, the SAR fee and the £100 in respect of 'letters/admin' are not recoverable.

 

I shall revert to you with a substantive response during the course of next weekend.

 

Regards.

 

Philip

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

about what i expected from round 1!!! - ofcourse i'll be standing my ground!!!

[sallysas]

You have the patience of a saint. I will treat them with caution on my claim having just read your thread. Now they know you will no longer be messed about I bet you get a settlement within the next 2 weeks. He is right about that £10 data fee, Steven put that in a thread somewhere and the judge in my barclaycard win last week said that to me as it is just a request for data. Still the interest is mounting up so a £10 loss is not bad. You definately need to go for a wasted court order too. The judge allowed me a day's wages, mileage from home and back at 40p a mile and parking fees which I thought came to £3. So it added £58 to my claim. I think he said £50 was the full amount I could claim for wasted so the parking/mileage was presumably costs incurred. If I'm slightly incorrect here I'm sure Steven will put me right.

 

Can't wait for your next installment. Power to the People.

[steven4064]

You are right Sally. Costs are not recoverable in the small claims track. THe exception is watsed costs due to the defendant's unreasonable behaviour in never being serious about defending. The details are here

 

Sarah - how did you calculate the interest given that Philip says it is misconceived?

 

In my claim against Goldfish in the letter I received yesterday they say "we do not recognise the value of your interest credit request..." which is not surprising since it is contractual interest claimed in restitution for them taking my money.

[sarah13]

You are right Sally. Costs are not recoverable in the small claims track. THe exception is watsed costs due to the defendant's unreasonable behaviour in never being serious about defending. The details are here

 

Sarah - how did you calculate the interest given that Philip says it is misconceived?

 

In my claim against Goldfish in the letter I received yesterday they say "we do not recognise the value of your interest credit request..." which is not surprising since it is contractual interest claimed in restitution for them taking my money.

 

think this is what i calculated as well- it was so long ago its hard to remember how i did it. What should it be?

[steven4064]

think this is what i calculated as well- it was so long ago its hard to remember how i did it. What should it be?

If you can't remember, how should I know

[sarah13]

Steven- sorry for my vagueness! I got the spreadsheet a long time ago from this site made by vampress ?

The formula in the last column uses the interest rate of 31.99% (as charged by time). the formula is (charge amount *0.3199/365)*days since offence. is this right?

[steven4064]

Sarah

 

That's the formula for simple interest. For compound interest, the formula is

 

interest = charge amount( (1+0.3199)^(days since offence/365) - 1 )

[sarah13]

cant seem to get that formula to work- what does ^ mean?

[sarah13]

actually i've just sorted it. Its quite a bit less- so is this what i should use? Thanks Steven as always :-|

[steven4064]

cant seem to get that formula to work- what does ^ mean?

It means 'to the power of' - the symbol is SHIFT+6

 

Sorry, I missed a star out, it should be

 

interest = charge amount*( (1+0.3199)^(days since offence/365) - 1 )

[steven4064]

actually i've just sorted it. Its quite a bit less- so is this what i should use? Thanks Steven as always :-|

It should be slightly less than the simple formula for intervals

[sarah13]

thats weird then as my charges go from 2000- 2003. the interest amount has changed from £600 to £400- i must have something wrong. can i send you my excel sheet please?

[sarah13]

scratch that last post- i just saw the bit about the star. This has increased the interest now to £1600. So at this stage (court pending 22th feb) how do i ammend my claim or use this with the bargaining?

[sarah13]

Many thanks Steven by the way. I am loving the way my claim is getting larger!!!

[steven4064]

scratch that last post- i just saw the bit about the star. This has increased the interest now to £1600. So at this stage (court pending 22th feb) how do i ammend my claim or use this with the bargaining?

At this stage you can only amend your claim by submitting a new N1 and PoC with a form N244. This will cost £35 (which you can't recover). It also means effectively starting again with your case. The defendant gets sent the new PoC and can then submit a revised defence and so on.

 

You may decide at the stage it is best to stick with what you've got.

[sallysas]

This may not work but with another claim I sent them an amended spreadsheet and offered to settle for £40 less. They said 'no' then 2/3 weeks before the hearing (but I hadn't sent my court bundle) they caved in and gave me what I wanted. Bet I'm muddying the water here...............

[steven4064]

They are so unwilling to actually go to court you may get away with it. However, what I put in post #94 is the 'official' version

[sarah13]

This may not work but with another claim I sent them an amended spreadsheet and offered to settle for £40 less. They said 'no' then 2/3 weeks before the hearing (but I hadn't sent my court bundle) they caved in and gave me what I wanted. Bet I'm muddying the water here...............

 

I love it!!! I will work something out tomorrow. Thanks so much both of you!

[sarah13]

So .... i emailed philip this morning, heres what i got in reply -----------------------------

 

WITHOUT PREJUDICE

 

Dear Sarah,

 

Many thanks for your email.

 

I fear you have misinterpreted my point about the interest. I shall explain in greater detail shortly. However, given that the charges were refunded before the claim was brought please explain why interest upon these charges can be claimed.

 

Further, as you are aware, £308 was credited to your husband's account with Atkiv Capital. You will appreciate that he cannot claim this money again.

 

Please let me know exactly how much money your husband part in respect of his account in as part of the administration order.

 

I look forward to hearing from you in order that we can, hopefully, settle this protracted matter.

 

Kind regards.

 

Philip

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

 

Firstly and most importantly the credit of £308 never happened- I have emailed back and am currently awaiting a reply. Love the WITHOUT PREJUDICE. will update when i have it :-|

[sarah13]

there has now been many emails back and forth- heres the latest----------------------------------

 

Without Prejudice

 

Sarah,

 

You will appreciate that, as the account is settled, any offer my client might make needs to accurately reflect what your husband paid. Aside from the Court fee, it is not prepared to pay your husband more money than he himself paid. This is clearly reasonable.

 

Accordingly, please do let me know how much your husband paid.

 

Kind regards.

 

Phil

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

[sarah13]

i sent this back --------------------

 

Without Prejudice

Dear Philip,

 

I managed to get the court to talk to me in the absence of my husband. The amount on the admin order listed for Comet Card was £480.91- the court fee for this arrangement was £114. I note what you say about your clients need for the settlement to reflect what was paid. I agree although i do think the settlement should also reflect the length of time this has been outstanding (the account and the claim), all the letter writing and general administration I have done on his behalf and most importantly the extremely negative effect these unfair charges have had on my husbands long term credit rating. The effects of this are ongoing.

 

I am still prepared to attend court if need be. I would like to have it explained to me during the hearing how it costs £15 - £20 to send an arrears letter which times 17 made his debt and all these problems since.

 

Kind Regards,

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

hard to think this will ever be over- just keeps dragging on and on- hearing date is the cut off tho when it will all be over 1 way or another.

Will keep you posted..........