Alphageek Vs GE Capital Woodchester "WON"

[Alphageek]

Received this from them today;

 

WITHOUT PREJUDICE AND SUBJECT TO CONTRACT

Dear Alphageek,

 

I have now taken instructions from my client.

 

It is willing to pay you £4xx.xx i.e. the full amount of your claim. However, I am instructed to ask that you sign and return the attached consent order (which provides for payment in full). Upon receipt of the order I will sign it on behalf of my client and immediately forward it to Court for approval and sealing, following which the monies will be paid to you.

 

I look forward to hearing from you and hope that this protracted matter can now be brought to an end.

 

Yours sincerely,

 

PERSON

Along with another order attachment;

 

SCHEDULE

 

1. The Claimant hereby agrees to accept the sum of £4xx.xx ("the Settlement Sum") in full and final settlement of all claims by the Claimant against the Defendant in respect of account number xxx.

 

2. The Defendant shall pay the Settlement Sum to the Claimant within 21 days of the date of service of this Order.

 

3. The Claimant shall keep confidential the terms of this Order (including those contained in the Schedule) and all of the circumstances giving rise to it.

[steven4064]

Is there a default associated with this claim? Youdon't have to accept the confidentiality clause. Just cross it out when you send the form back.

[Alphageek]

No, no default was entered against this account.

 

I have sent this back to them via email;

 

WITHOUT PREJUDICE

Dear Person

Thank you for your email dated 10th January 2008. The contents of which are duly noted.

 

 

I have received the defence you filed on behalf of your client. The contents noted also.

I have received from the Court, completed and returned form N149.

I am willing to accept £4xx.xx in settlement. You may make a BACS payment in to the following account;

Alphageek Bank

Sort Code 00-00-00

Account Number 000

Account Name Alphageek

Alternatively, you may send me a cheque for the above amount. Once my current account is in receipt of cleared funds I will seek the Court’s permission to bring the claim to an end.

Yours faithfully,

Alphageek.

[steven4064]

That looks fine - in all the cases I have settled I have never used the form sent me by the defendant - I like to keep control right to the end - I think them sending me an agreement to sign is a cheek

[Alphageek]

Me too. Giving any control back to them is not a good idea.

[Alphageek]

Received this today;

 

Without Prejudice

 

Dear Alphageek,

 

Thank you for your email.

 

I am pleased a commercial settlement can now be reached. As a gesture of goodwill, my client will arrange for a cheque in the amount of £4xx.xx to be raised and sent to you on the strict basis that you will immediately discontinue your claim upon the cheque clearing.

 

As a matter of form, please can you confirm that the above reflects the agreement and also that you will present the cheque upon receipt.

 

Of course, please let me know if you have any questions.

 

Yours sincerely,

 

PERSON

[Alphageek]

To which I replied;

 

WITHOUT PREJUDICE

 

Dear PERSON,

 

Thank you for your email dated 11th January 2008. The contents of which are duly noted.

 

I would expect to be in receipt of a cheque for £477.38 within 10 days. As there would be little point in retaining it, I undertake to present it to my bankers upon receipt.

 

I further confirm that I will inform the Court of the settlement, in writing, once the amount of £4xx.xx has cleared and seek the Court’s permission to end the claim.

 

As a gesture of goodwill, I will undertake to forward to you a copy of the notice I send to the Court.

 

Yours faithfully,

 

Alphageek

[Alphageek]

Nearly done.

[Alphageek]

Received their settlement cheque today. Just need to bank it tomorrow, wait a day or three for it to clear and then write to court to discontinue claim.

 

** BIG THANKS to all who helped **

 

Please change thread title to won.

[steven4064]

CONGRATULATIONS!

 

Well done AG - another one bites the dust!

[Bigmac versus]

Great news, congratulations:D

[pete.j.f]

Well done Alphageek! I've been following your exploits ever since you gave me some advice in the recent past!

 

I've had a standard letter back from GE today in response to my LBA. It basically says now that we've reached deadlock, I may wish to refer the matter to the Financial Ombudsman. They said this last time! It seems an attractive option in terms of trying to keep things simple, less expensive and less time consuming (from what I know about the process), especially when I see what you've had to do over a long period.

 

However, I can't help feeling that GE want me to go to the Financial Ombudsman. I know that GE always give up when they get taken to court. Do you have any idea how successful claimants are when using the Financial Ombudsman? Any advice would be very welcome.

Regards. Pete

[Alphageek]

Hi Pete,

 

They said this last time! It seems an attractive option in terms of trying to keep things simple, less expensive and less time consuming

My understanding is that the FO route is more time consuming. However, I have not used that route myself, so perhaps someone else could offer better advice.

[Bigmac versus]

Hi pete.j.f the FOS have a great track record and there is far less work involved using this process but be warned this usually isnt a quick route.

[Alphageek]

Thanks for chipping in Bigmac with the FOS info and for the congrats.

[Alphageek]

Refund cheque cleared, letter sent to Court asking to discontinue claim, copied to Salans, donation made.

 

[steven4064]

Whhhhew, at last

[Sebastian Weetabix]

GE Money are either grossly incompetent or simply downright dishonest. Either way, a pain for the customer.

 

Writing to their Head of Collections - [edit] - is a waste of time. He / she / it never replies - other than to send further nasty letters demanding payment, threatening legal action, etc., and instructing hapless staff to phone the customer on a Sunday morning demanding payment on "debts" caused by GE's own incompetence / dishonesty.

 

Honets customers are advised to steer well clear of GE Money and the store cards they operate.

 

Seb.