Morgan Stanley CCA- received Barclaycard terms in response**WON, THEN WON AGAIN!!!**

[noomill060]

An offer of settlement has been made by email, but only for the monetary part of my claim. Letter is headed "By Email only"

 

Letter marked -"without prejudice save for costs", with a proviso that they will draw the courts attention to this offer should I decline their offer.

 

If I produce this letter in court without consent they will ask for a different judge and their wasted costs.

 

Letter includes a gagging clause re: existence and terms of the offer.

 

 

Whats the point of a non legally binding offer of settlement?

 

If I sign and they then do not honour the terms, I cant then go back show this letter to a judge.

 

Hmmmmm.... dark deeds afoot methinks!

 

 

 

Their return date is tomorrow.

[Desperate Daniella]

Dodgy deeds!

 

So they can produce it in court if you don't accept, but you have to accept the gagging order and not mention it?

 

I like this "save for costs" bit they have snuck in.

 

PT will advise I am sure.

 

DD

[noomill060]

bump

[steven4064]

It depends how confident you feel. Personally (Which I emphasise) I would reject the offer on the basis that it is not everything I claimed. This is what I did with GE Money and Goldfish - in both cases, their offer didn't include the interest I had claimed. In both cases, I got the full amount by sticking out. In your case, though, presumably there is a non-money element (Default removal? - sorry can't remember). However, they can only show the letter (e-mail) to the judge if the turn up in court and we know there is little chance of them doing that.

[noomill060]

They really arent keen on meeting our district judge are they?

 

Do they really intend waving that letter at the DJ?

 

"Look- we offered him £xxxx to go away"

 

"Oh yes, so you did. So you admit miss selling PPI and have offered to reimburse Mr Noomill the PPI premiums, plus 9 years 26.8% contractual interest, plus County Court interest at 26.8%, agreeing with him that the Limitations Act does not apply in this case.

 

Now lets see, you concede that PPI was added to the debt amount, so was treated as credit. Hmmmmmmmm- that has implications for the enforcabillity of any regulated credit agreement!

 

Mr Noomill, you also ask me to make a declaration under s.142. Might I see the document Sharkleys claim is the agreement?

 

Hmmm....Sharkleys T&Cs no signature. Isnt this a MSDW account which Sharkleys bought off Goldfish?

 

Mr Sharkleys- do you have a MSDW agreement signed by Mr Noomill?

 

No your Honour, but we do have a MSDW agreement signed by some dude in Lancashire who is ten years older than Mr Noomill.

 

Mr Noomill has been supplied a copy of this, and is aware that he does not live in Lancashire and had 10 fewer candles on his last birthday cake than the Lanc dude did.

Edited January 27, 2009 by noomill060

[steven4064]

It wold be worth going to court just to have that conversation

 

 

 

 

(ps isn't Bolton in Lancashire?)

[noomill060]

Yes, Bolton is a red herring.

 

It is also a palindrome of Notlob

 

Edited January 28, 2009 by noomill060

[noomill060]

Funny that- I've only just twigged.

 

The MIB are watching this and the muppets fell for my cunning plan- hence they sent me a CCA of some random dude who lives not a zillion miles down the road from Bolton!!

 

I dont even live on the same island as Bolton! They probably think Im appearing in Alladdin at the Octagon Theatre!

 

This is hilarious.

 

Sharkleys- you know when youve been Tango'd

Edited January 27, 2009 by noomill060

[Desperate Daniella]

Almost fell off my chair!!!

 

DD

[noomill060]

bump

 

Woo Hoo! They have entered a defence.

 

I wonder what it says.

[noomill060]

 

 

[pt2537]

have you accepted their offer yet Noomill? im itching to change the thread title to **WIN**

[Desperate Daniella]

Omg, Omg. Omg!!!!!!!

 

Congratulations, Noomill!!!!!!!!!

 

Lots Of Love,

Dd Xxxxx

[noomill060]

Steady DD- not quite there yet

 

 

More or less.

 

Told them Im not going to sign this document, but if they do what they are offering in this letter (wipe the alleged debt and pay my court fee) I will withdraw my claim.

[Desperate Daniella]

I still think you have handled it brilliantly.

 

DD

[noomill060]

[MajorPaine]

good work :grin:

[angry cat]

Do not agree to the confidentially clause;

it is unfair and any judge would agree.

 

Also, their statement re: your CRA file is ambiguous, not clear?

are they going to remove the data permanently, or just mark the file settled.

 

AC

[noomill060]

AC-

 

I have raised concerns over the gagging clause and they are considering removing it.

 

They are just going to mark the account as settled- I havent been issued with a default notice and as far as i understand it the account remains active.

 

I have also raised concerns over interest acrued on the balance this month. If they credit my account with the full amount, which is their intention, interest up to the date this credit is made will apparently still appear on my next statement.

 

Ive told them that I will consider any interest applied to the balance ( which is in its entirety made up of unlawful debits) to be a further unlawful debit and that I will file a further claim for its removal.

 

 

I am begining to doubt their sincerity. I dont trust them one inch to do what they claim.

 

Conversely, they are concerned that I will simply accept the settlement offered as part settlement, fail to withdraw my claim, continue the rest of my action and obtain a declaration of unenforcabillity from the court.

[noomill060]

Were getting there, major.

[noomill060]

If I do sign this document and they subsequently fail to do as they promise, would they still be able to hide behind "without Prejudice save for costs"

 

Or would their failure enable me to claim that they abused the Without Prejudice thing, claim that this wasnt in reality a genuine offer and thus present the document to a judge?

 

Just looking to cover my back in case they do the dirty.

[noomill060]

OK, got the January interest sorted.

 

Just read through the revised offer of settlement and spotted that they have put the wrong account number as the acount they intend to credit.

 

It aint mine!

 

(Close, but its not the number on my statement.)

[noomill060]

**won**

 

[pt2537]

thread title duly changed

[noomill060]

Thanks pt.

 

Now then, I think I may have some unfinished business with Miss Bartle at Lowells...

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/93787-noomill-barclaycard-4.html