Mr P V Egg Ccrp

[bathgatebuyer]

Sorry Phatram, can't offer anything other than words of support here (and a wee bump!).

Can't believe that Egg have allowed it to get to this stage, and that they even use as part of their defence, "The option for CRP Insurance was already pre-selected"

[phatram]

Originally Posted by phatram

Hi

Getting a bit worried about Court date. Any advice on Court bundle etc would be gratefully accepted

Thanks

Bump

[hellhasnofury]

Hello Phatram,

Have you had a look through this sticky for any info to put in your court bundle.

Useful Documents for PPI Bundles

[phatram]

Eversheds phoned this evening at 5.00pm, asking to speak to me. Wife phoned back, as I was at work, to say anything they needed to say to me needed to be put in writing, which apparently they have done, to be received tomorrow morning.
Wait to see what it's all about.

[phatram]

Jk EVERSHEDS




WITHOUT PREJUDICE SAVE AS TO COSTS



5 September 2008

Dear Sir

PHATRAM v EGG BANKING PLC CLAIM NO: SEPTEMBER 2008
We write further in the above matter.
We have now received instructions from our client and are instructed to offer the sum of £1,726.91 in full and final settlement of your claim. Please note that each party is to bear their own costs of the proceedings under this offer.
We enclose a Tomlin Order for signature and return in the event that our client's offer is accepted.
We look forward to hearing from you by return as there is a hearing listed for 10 September 2008.
Yours faithfully,
Eversheds LLP

[angry cat]

As ever EGG run things right up to the wire!

AC

[old_andrew2007]

You won! well done,

[phatram]

Email from Eversheds,they say they haven't received my acceptance letter so I mailed a copy,
Eversheds
Solicitors
1 Callaghan Square
CARDIFF
CF10 5BT

Dear Ms xxxx

HEARING 10 SEPTEMBER 2008-09-08


Further to your letter received today, I will accept the payment of £1726.91 as full and final settlement of my claim, but this must be unconditional.

Upon receipt of the cleared funds I will contact Derby County Court to notify them that my claim has been settled. Would you please pay the funds by Bankers Draft into the following account:-

Co-Operative Bank
Sort Code –
Account no –
Names – Mr P

at Co-Operative Bank
16 – 17 High Street
CARDIFF
CF10 1AX

Or a Co-Operative Bank branch of your choice. Would you please notify myself, or my wife, by phone (xxxxxx), that the monies have been paid into our account to allow me to notify the Court, as time is obviously of the essence.

Yours sincerely,

Their reply,

Without Prejudice Save as Costs

Dear Mr P,
Thank you for your email.

In order to tie up proceedings and to dispose of the matter accordingly, our client requires your agreement to the Tomlin Order.

Our client is not prepared to agree to an unconditional Order or forward monies to you without your agreement to the Tomlin Order.

We view your request for a funds transfer today as unreasonable.

With respect, the signing of the Tomlin Order does not prejudice you in any way and disposes of all outstanding issues in relation to the CRP insurance.

We are instructed to offer you the sum of £xxxx.xx in full and final settlement, such agreement to be sealed by way of a Tomlin Order. As previously advised should you wish to proceed with your claim at the hearing tomorrow, our client is prepared to fully defend this matter and seek the costs of the same from you.

Regards,

I will not sign a Tomlin order and so I suppose I will see them in court ?

[phatram]

My, reply

Dear XXXXX

Due to the fact that you have not yet received my letter, I accept that my payment request by bankers draft is now not possible today.

I must however point out that this is not the first case I have brought against Egg, and I have always refused to sign any Tomlin orders prior to receiving payment from them .I reiterate, I accept the offer of £xxxx.xx in full and final settlement, but this must be unconditional as in my previous victories.

I will on receipt of a cheque made payable to myself notify the court of a satisfactory conclusion to the case, I trust you will today, be able to forward the cheque by guaranteed next day delivery

Regards
Mr P

[phatram]

Their reply,

Dear Mr P,

Thank you for your email. We are instructed to proceed with the hearing tomorrow on the basis that your demands in respect of the agreement are unreasonable.

As previously advised our client intends to fully defend this matter.

Regards,

[phatram]

I will be bloody fuming if they dont turn up !!!
Sending this,

Dear Ms xxxx,
I am sorry to hear that your clients fail to see sense but I am looking forward to meeting you tomorrow.

I must point out I find your client’s attitude incomprehensible, and will be reporting this and Eversheds delaying tactics to the FOS, FSA and Trading Standards.

I hope to hear back from you before 5pm today with a change of decision as I now believe the Tomlin order to be the only sticking point. In my previous cases for myself and my wife, this order has never been signed, so I don’t believe a Judge will take kindly to you being obstructive.

I believe I have done everything in my power to settle this case before Court and I will be pointing this out, and Eversheds/Eggs unaccommodating stance, to the Court.

Regards

[phatram]

Isn't the forcing of a Tomlin Order signing infringement of my Human Rights or curtailing my freedon of speech? In court tomorrow and they have already offered to pay all plus interest - just need to get round Tomlin Order.
Any ideas gratefully received!

[phatram]

bump

[tinkerbell20]

Originally Posted by phatram

Isn't the forcing of a Tomlin Order signing infringement of my Human Rights or curtailing my freedon of speech? In court tomorrow and they have already offered to pay all plus interest - just need to get round Tomlin Order.
Any ideas gratefully received!

I'm afraid I would have advised signing the Tomlin order as it would be effective if they paid the monies agreed.

[phatram]

Mrs Phatram here,
thats what Mr P did at the 11th hour or I would have killed him !

[tinkerbell20]

Thank God for that - I was really worried

[angry cat]

What were the terms?

I guess that one was confidentially?

AC