Sarah V Time Retail Finance **WON**

[steven4064]

You can go one better than that. If it goes to court, you will be able to ask teh court to make them tell you how it costs £15-£20 for a letter.

[sarah13]

thats what i was getting at!!! balls in their court now!!! :)

[sarah13]

xx

[sarah13]

i emailed again and this is what i got in reply---------------------------------------------------

Without Prejudice

 

Dear Sarah,

 

Thank you for your email.

 

I am awaiting instructions which I hope to have soon but it is extremely unlikely that my client will agree to pay the sum you ask as a goodwill gesture.

 

You must understand that you husband has not paid what you claim. This is a simple point and you have previously agreed that he cannot seek to recover what he has not paid.

 

Further, the offer to remove the default notice is made purely as a goodwill gesture. The default notice was because your husband failed to make payments in accordance with his obligations not because of any charges debited because of the missed payments. Despite what you say, this fact is indisputable.

 

Not withstanding the above two points I am seeking instructions and will revert to you as soon as I am inn possession of these.

 

Kind regards.

 

Phil

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

 

we are going round in circles again.................... what are your thoughts Steven?

[steven4064]

I don't totally agree with the statement "he cannot seek to recover what he has not paid". I see where he is coming from, but there is also the issue that they had his money and you did not. Further, they used it to make a profit with whilst you were without it. Justice demands some recompense for that.

 

You ask for my thoughts - in the short term I would wait and see what instructions Phiip gets from Time. Once you know that, you may have a better idea how to procede.

[sarah13]

I don't totally agree with the statement "he cannot seek to recover what he has not paid". I see where he is coming from, but there is also the issue that they had his money and you did not. Further, they used it to make a profit with whilst you were without it. Justice demands some recompense for that.

 

You ask for my thoughts - in the short term I would wait and see what instructions Phiip gets from Time. Once you know that, you may have a better idea how to procede.

 

Thanks Steven, your advice is very much appreciated. I'll let you know what comes next!

[sarah13]

this is more like what i wanted but not quite there. appreciate your opinion as always Steven-----------------

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

Without Prejudice & Subject to Contract

 

Dear Sarah,

 

My client is willing to pay £650 to your husband in full and final settlement of his claim. You will appreciate that this sum is more than he has paid and will be paid as a goodwill gesture.

 

Please confirm that this is acceptable and I shall immediately send to you a consent order to reflect the terms of the agreement to be signed by your husband.

 

I look forward to hearing from you.

 

Kind regards.

 

Philip

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

[steven4064]

How far short of what you want is this? You could either jsut hang in until they give in or use this as an opportunity to do a bit of bargaining with Philip - for example, if the outstanding amount is mainly interest, you could offer to go halves, or something like that.

[sarah13]

hi Steven, Thanks for replying.

 

Amount on spreadsheet for claim about £1000- made of £350 charges and to date £615 interest (basic interest as on original claim).

Philip is saying that i am not entitled to any interest as the admin order stopped that from being applied to the debt which is now settled. With me so far? !!!

 

Dont want to accept this offer, i want to hold out for more and am well prepared to go to court if need be. Could you help me with the wording for my reply to him. Thanks again

[steven4064]

Can you just remind us about the admin order and also, how did you arive at the figure of £615 interest?

[sarah13]

Time debt turned into CCJ then was tied to 1 other outstanding debt with barclays (not ccj) then applied for administration order. first instalment of Admin order was june 05. it was paid in full in oct/nov 07.

 

The interest figure was reached by applying 31.99% on vamps spreadsheet. Think we realised i should have claimed compounded a few posts ago but as basic interest was all i put on my spreadsheet and submitted to court thought i should continue...

[steven4064]

So, you have claimed interest at 31.99% on the charges from when they were incurred until now - even during the period when the admin order was in place - is that right?

[sarah13]

yes it is

[steven4064]

Then perhaps Philip has a point. Perhaps you should just claim interest up until the point when the admin order kicked in as they didn't charge it to you after that.

[sarah13]

thats what i was thinking too. think i'll accept then. Thanks

[sarah13]

i accepted their offer shortly after posting last on this forum, i have heard nothing since despite emailing philip several times.

[steven4064]

It's only Monday and the 7th was Thursday - have a little patience

[sarah13]

We were exchanging several emails a day and after all this time my patience is wearing a little thin! Be glad to burn my file and forget all about Time aka GE money:cool:

[steven4064]

I appreciate the frustration - I went through all this too.

 

ps. Don't burn the file though, it is a valuable resource for taking on other banks/card companies. For your friends and family even if you don't do it again yourself. I cut and paste bits of mine all the time in answer to questions on these threads.

[sarah13]

Just got this--------------------

 

Without Prejudice & Subject to Contract

 

Dear Sarah,

 

Apologies for the slight delay in reverting to you.

 

Your husband and my client are in agreement as far as the amount of £650 as goodwill gesture is concerned.

 

However, I am advised that the default notice is not held with my client, GE Money. Rather it is held with Atkiv Capital, an completely separate and independent company. Accordingly, I am afraid that it is simply not possible for GE to remove the default. It is purely a matter for Atkiv and you will have to contact them in this regard.

 

I attach a revised Consent Order for your husband to sign and return should the offer of £650 remain acceptable. I look forward to hearing from you.

 

Please give me a call should you wish to discuss this matter.

 

Kind regards.

 

Philip

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

doesnt sound right that i should have to contact aktiv for the default removal- debt was started with time. Also though aktiv was a division of ge. What do you think?

[sarah13]

steven, please can you read my last post. Does it sound like another excuse that GE say they cannot remove the default and its up to aktiv? Doesnt it seem strange that they would remove the default if i accepted £400 but at £650 cant. Your thoughts much appreciated....

[steven4064]

Do you have the "remove the default if i accepted £400" in writing?

 

I asked some of my colleagues about this (which is why I haven't replied sooner) and they have some questions (I can't remember all the details of your case):

 

did the outstanding charges exceed the amount of the debt at the time the default notice was issued?

 

is this is subject to an administration order? (if so, we doubt that under normal circumstances you could force them to remove the default directly).

 

There might be a seperate right of action, however, if the charges at the date the case was issued were greater than the default balance.

[sarah13]

Do you have the "remove the default if i accepted £400" in writing?

 

Date: Thu, 24 Jan 2008 14:11:42 -0500

From: pbeswick@salans.com

To: sarah

Subject: RE: Burton v time retail finance

 

.ExternalClass .EC_hmmessage P{padding:0px;}.ExternalClass EC_body.hmmessage{font-size:10pt;font-family:Tahoma;}

WITHOUT PREJUDICE AND SUBJECT TO CONTRACT

Dear Sarah,

I am pleased to confirm that my client is willing as a gesture of goodwill and as a matter of commercial expediency, to make a settlement offer in respect of your husband's claim.

 

It is willing to:

(a) Pay to your husband the sum of £430; and

(b) Remove the Default Entry.

This offer is conditional on a consent order being entered into. If your husband agrees then we will send you a draft Order for signing immediately. This, as you will appreciate, is a generous offer especially in circumstances where your husband has not actually paid off the balance and where the default notice was properly recorded with the credit reference agencies.

..................................

 

I asked some of my colleagues about this (which is why I haven't replied sooner) and they have some questions (I can't remember all the details of your case):

did the outstanding charges exceed the amount of the debt at the time the default notice was issued?

The charges (arrears letters etc) are £348 and the debt was recorded at £480.91 on the admin order so i think the answer is yes if i've understood the question!

 

is this is subject to an administration order? (if so, we doubt that under normal circumstances you could force them to remove the default directly).

 

It was but the admin order has been settled now.

 

There might be a seperate right of action, however, if the charges at the date the case was issued were greater than the default balance.

 

 

Hope i've answered correctly. thanks again for your help

[steven4064]

In that case I would write in answer to the letter in post #120 and copy this letter back to them. Ask them why they could offer defauklt removal on 24 JAnuary but not now. Tell them you will settle for the £650 and default removal.

[sarah13]

Thanks again Steven I have done just that and am awaiting his reply...........