Tessera/ELS/Cole Claimform southend court - old with halifax Cetelem loan ***WON*** Court case dropped and compensation paid***

[Penfolds]

Today i received CPR 18 response from Tessera's Sol's.

 

Thank you of your letters of 26 May 2011.

 

In response to your further request please note the follwoing:

 

1. The agreement referred to in the Default and Termination Notices was the sale from Halifax Cetelem to Tessera Portfolio Management Ltd where Halifax Cetelem sold the account to our client subject to all terms and conditions of the original Agreement betwenn you and Halifax Cetelem.

 

a. Yes, as described above.

b. Yes, as described above.

c. No, you were a signatory to the original Agreement with Halifax Cetelem.

d. Please refer to the origina; Agreement with Halifax Cetelem.

e. Please refer to item 3 of our letter dated 20 May 2011.

f. Please refer to the original Agreement with Halifax Cetelem. These terms were unaffected by the sale to Tessera Portfolio Management Ltd.

 

2. Tessera Portfolio Management Ltd did not lend you any money: they purchased the account from the original lender, Halifax Cetelem.

 

3. As far as Tessera Portfolio Management Ltd are aware the account was not in default at the time of sale but fell into arrears after the sale, hence the default and termination notices were issued by Tessera Portfolio Management Ltd instead of Halifax Cetelem.

 

4. As 3 above.

 

5. The default notice was issued by Tessera Portfolio Management Ltd on 26 September 2008 and the termination notice on 10 October 2008.

 

6. No.

 

7. Please refer to your original agreement with Halifax Cetelem. All the terms and conditions of the original Agreement between you and Halifax Cetelem were unchanged following the sale.

 

8. The court fees are added on issue of the summons. However if judgement os not granted in due course these will be removed.

 

9. The deed of assignment is a private and confidential document between the vendor, Halifax Cetelem, the purchaser, Tessera Portfolio Management Ltd and any financiers that may have been involved. The terms of your original agreement with Halifax Cetelem were unaffected by this sale. Therefore the Notice of Assignment sent to you is all that is required under UK law.

At the time of sale the vendor indicated that this account had not been defaulted or terminated by them hence our client issued there own notices via their agents, Rockwell. However if the account had been defaulted and terminated prior to sale this would not affect the validity of the debt as the notices served by the original lender would remain valid; with the notices srved by our client's agents, Rockwell being superfluous.

 

10. As explained above the client purchased your account from Halifax Cetelem, the original lender.

 

11. Your payments have been applied in reduction of your debt originally with Halifax Cetelem and later sold to Tessera Portfolio Management Ltd.

 

12. By this we mean the original agreement with Halifax Cetelem. You will have been provided with a copy of this agreement when you initially took the loan out. If you now require a further copy we can request this from the vendor, however given the age of the debt this may no longer be available. That being the case it may be necessary to provide a reconstituted copy.

 

Turning now to your second "without prejudice" letter of the same date we have noted your offer and have discussed this with our clients who have advised us that they would wish to bring this matter to an early and mutually acceptable conclusion. Therefore they are prepared to accept the sum £1,430.16 in full and final settlement of their claim (effectively refunding all the interest applied since the date of sale and deducting the court fees and costs). This offer is open to you for a period of 14 days from the date of this letter. We look forward to receiving your response.

[Penfolds]

Hey everyone,

 

Any ideas on what to respond to the above letter, they giving me the run around with their answers the only straight forward response was...

 

6) Have your client ever been known as or have they ever traded as Halifax Cetalem Credit Ltd?

 

No.

 

The rest is a load of cobblers even their F & F.

 

I have filed my defence, with much appreciation to Jasper1965. - ( I will post up tomorrow )

 

Should i just wait to hear from the court, how long would that normally be?

[Penfolds]

Hey everyone,

 

Defence has been confirmed it has been received by court, and will be passed to claimants.

 

 

 

In the Southend County Court

Claim No. Danger mouse 999

 

Tessera Portfolio Management - Claimant

And

Mr Penfold - Defendant

 

 

DEFENCE

 

1) The defendant is at all times a private individual and is thus entitled to the rights and remedies afforded by statute in respect of regulated agreements. For the avoidance of doubt this claim is based upon a regulated agreement originally made between the defendant and Halifax Cetelem Credit Ltd in 2001.

 

2) The claimant is at all times a debt purchaser, the claimant does not offer banking or loan facilities and to the best of my knowledge is not nor ever has been licensed by the relevant authorities for such activities.

 

3) The claim as pleaded fails to identify a cause of action, no averment is made as to why the claimant feels the amount claimed is due.

 

4) The claim was submitted in breach of CPR PD 16(7.3) in so far as the claim is alleged to be based upon a written agreement and no such document was attached to the claim.

 

5) The claimant has failed to supply annual statements of the account in breach of Section 77A of the Consumer Credit Act 1974 (CCA1974) as amended by section 6 Para 24 of the Consumer Credit Act

2006 during the entire period to date and is thus prevented by statute from adding interest and enforcing the agreement. Despite claiming the entire balance to be outstanding as of Sep 2008 the defendant has at no time received any periodic notice of arrears as prescribed by Section 86B of the CCA1974.

 

6) The default notice produced by the claimant in response to the defendants CPR request refers to an agreement made between the claimant and the defendant on 17th September 2003. The defendant avers that they never entered in this agreement and puts the claimant to strict proof that this agreement exists and that the defendant is a party to this agreement.

 

7) The default notice is invalid for the following reasons:

( i ) It does not allow the defendant the statutory 14 days for remedy as no time for service was allowed.

( ii ) The termination letter serves as proof that with an immediate termination of the account upon arrival date specified in the default notice, the usage of the word “before” inserted before the date of 10th October 2008 would at best only give the defendant 13 days notwithstanding the lack of service time.

( iii ) For the reason given in (6) of this defence, the default notice refers to an agreement that never existed and thus the default notice cannot be valid.

( iv ) The account had already been defaulted and terminated by the original creditor.

 

8) The termination letter supplied by the claimant makes reference to the default notice issued on the 26th September 2008. For the reasons set out in (6) & (7) of this defence it follows that this termination notice must be invalid.

 

9) With reference to (6) & (7), the claimant was prevented by clause 87(1) (a) of the CCA1974 from terminating the account, notwithstanding the averment in 7(iv).

 

10) In the absence of any written agreement setting out the claimant’s entitlement to charge interest, the defendant avers that the interest charged upon this account has been charged unlawfully and puts the claimant to strict proof of their entitlement to all interest sums claimed.

 

11) The defendant believes that this account was defaulted and terminated by the original creditor in the year 2002 or 2003 prior to sale to the claimant. The claimant has refused the defendant permission to see documentary evidence requested under CPR to establish the truth of this averment. The defendant puts the claimant to strict proof that the agreement had not been terminated prior to or upon sale to the claimant.

 

12) The claimant has charged their own unestablished rate of interest on top of the original compounded interest charged by the original creditor throughout what would have been the natural life of the fixed sum loan therefore double charging interest for the first two or three years they held the account.

 

13) The claimant has added the litigation fees and court fees to both the account and the claim, another example of double charging.

 

14) If this matter reaches allocation stage, the defendant avers that it would be equitable for a judicial decision to be reached on the status of this account upon assignment to the claimant. The claimant avers that they have been assigned this account by the original creditor Halifax Cetelem Credit Ltd and thus assume their rights and remedies. The claimant has however proceeded to default and terminate an entirely different account (6) and remains in default of the defendant’s requests for clarification and proof of entitlement to the sum claimed. What exists in evidence are some documents drawn up by the claimant and some statements from the claimants own computer system. That these contain errors is beyond doubt that these errors could prove fatal to the claimants case is a matter of great concern to all parties and the court. The defendant is in the absence of proof and is unable to fully defend their position in this matter and the defendant respectfully requests that the claimant be forced to submit a fully compliant and particularised Particulars Of Claim and the defendant be entitled to file an amended defence to address any issues arising from this amended claim.

 

15) If as the defendant avers there never was an agreement dated 17th September 2003 between the claimant and the defendant then it follows that the defaulting of the agreement in September 2008 was unlawful. The defendant avers that the claimant has been registering a default with the credit reference agencies since this date, and that the registering of this default is in breach of the Data Protection Act 1998 and the guidance from the Information Commissioner. The claimant has effectively falsely brought back the date of the default from 2002 to 2008 and continues to register damaging and defamatory information about the defendant, despite having no lawful authority.

 

16) If as the defendant avers the account was defaulted and terminated back in 2002/3 by the original creditor then any registering of defaults with the credit reference agencies should have ceased six years from the date of default.

 

17) The defendant has been frustrated in their attempt to establish the truth of this matter (15) & (16) and is therefore unable without further disclosure to make an informed decision on the likelihood of success of a Part 20 counterclaim for these transgressions, such counterclaim would of course not have needed permission from the Court if disclosure had occurred prior to the defence filing date. The defendant respectfully seeks permission from the Court to enter a Part 20 counterclaim in respect of the unlawful publishing of damaging information by the claimant causing damage to the defendant’s reputation and credit worthiness once initial disclosure has been completed.

 

18) The defendant is unable to admit or deny whether a debt still exists due to the colourful and creative way the claimant has handled the account. All sums claimed are subject to query and the claimant is put to strict proof that all sums claimed have been calculated lawfully and within the terms and conditions of the original agreement entered into between the defendant and Halifax Cetelem Credit Ltd.

 

19) The claimant does not have nor appears to have ever held a copy of the original agreement, the defendant is therefore unable to accept or argue the merits of this agreement nor is the defendant able to establish what liability to interest if any they have as the terms and conditions of this agreement have also not been made available to the defendant despite request.

 

20) With reference to (18) & (19), the defendant accepts that they did have a loan and that they experienced trouble repaying this loan and that the account was subsequently sold. The defendant has provably made payments in excess of £2500 towards the outstanding balance which originally stood at £4000 according to the claimant.

 

21) The defendant is unable to admit or deny whether the original creditor applied unlawful charges to the account prior to assignment and the claimant is put to strict proof that they did not and that the initial balance transferred to them was lawfully composed.

 

22 ) With reference to (20) & (21), the claimant is put to strict proof that in the event any balance can be determined to be lawfully outstanding that the agreement upon which the claim is based and terminated lawfully and is enforceable by the court.

 

I believe this defence to be factually correct and all statements contained herein to be true to the best of my knowledge.

[Penfolds]

Good morning Caggers,

 

Today i received the following from the court...

 

Notice of transfer of proceedings,

 

Notice that a defence has been filed,

 

And a Allocation Questionnaire,

 

I will scan up later if any one could take a look please, i was quite miffed how they arrived in a hand written, resealed and taped envelope and with no stamp - delivered by the post man, or have i got some nosey neighbors

[Penfolds]

I have uploaded the Allocation Question to photobucket, please find link below

 

http://s1184.photobucket.com/albums/z332/penfold2010/AQ%20-%20Credentials%20Removed/

 

Could any one give some input in filling the AQ form please.

 

Thanks

 

Penfold

[slick132]

Guide here but it is aimed at reclaiming credit card charges - http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

 

It should still be useful if adapted for purpose.

 

[Penfolds]

Thanks Slick, it helps with sec A and B, i saw so many threads with AQ's, now i need one cant find any.

 

I also need to draft a list of directions to attach to AQ if any one could help please...... (Jasper where are yooooooooooooooooooou)

 

Any thoughts on there last correspondence any one?

[slick132]

You don't HAVE to attach Draft Directions although you could take the opportunity to seek the disclosure of any documents you require.

 

[Penfolds]

Thanks Slick,

 

Think i got lot more reading to do, I will look for other AQ's and directions over weekend.

 

 

I think link above is not working, although im sure it was yesterday, http://s1184.photobucket.com/albums/z332/penfold2010/AQ%20-%20Credentials%20Removed/

[cymruambyth]

haven't read your thread, but can this help?

 

 

 

In the County Court

 

Claim number

 

 

Between

 

- Claimant

 

and

 

 

- Defendant

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

 

1. Copy of the Terms and Conditions applicable to the alleged credit agreement at the time it was signed and referred to by the Claimant in their amended Particulars of Claim dated 2009.

 

2. Copy of the Default Notice dated xxwith proof of posting as referred to by the Claimant in the amended Particulars of Claim. This should be compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

 

3. Copies of documents, contracts or deed of assignment applicable to the assignment of this account from xx to xx and from Co to Ltd.

 

4. Redacted copies of any debt sale agreements proving that the above financial transactions have occurred and the date upon which they occurred. In the event that these cannot be produced other than directly to the Court, a sworn statement to the effect that xxhave been paid in full for the purchase of this debt by the Claimant and thus have no further fiduciary interest in the account in the event of enforcement by the Claimant.

 

5. Notice of Assignments, with proof of service of the same compliant with s196 of the Law of Property Act 1925 for both the above assignments.

 

6. Copies of any statements or other documents relied upon by the Claimant.

 

7. Where the Claimant seeks to rely on copies in court rather than originals of any of the above documents or those referred to in the Particulars of Claim, the Claimant must produce a copy of the Notice of Proposal to Adduce Hearsay Evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following:

 

An amended defence in response to the documents supplied by the Claimant.

[cymruambyth]

Alternatively, this is copied from Andyorch and could be adapted!

 

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXX (amount less court fee/sol fee

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case (yourself)

 

 

 

ExpertsNo

 

TrackFast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 3 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

 

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

In the ************* County Court

Claim number **********

 

 

Between

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

• Document, contract or deed of assignment

• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

• Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[Penfolds]

Hi Cymruambyth,

 

Thanks for the above.

 

[Jasper1965]

A well written aq and draft will be priceless and should leave them nowhere to turn.

 

I note with interest their response to the Part 18 request, there are several points of use in their for your witness statement.

 

Their kind offer to remove all interest applied to the account speaks volumes. Was this part of the CPr reply or a separate letter headed "without prejudice"?

you have averred that the interest has been applied unlawfully and they have immediately offered to withdraw all interest from the claim. Hmmmmm.

Now the sums are rather different and in your favour as the claim for unlawful registration of a default should outweigh their claim several fold.

Of course we must still establish whether the account ever had any unlawful charges and interest applied prior to sale, whether the account was ever lawfully defaulted and terminated either before or after sale.

They remain in breach of the CCA request, have yet to justify whether they applied interest in accordance with the terms of the original agreement and they refuse to supply a copy of the deed of assignment which is pertinent to the case as it will prove whether the account was defaulted prior to sale.

All these matters can be addressed with a well worded draft.

 

If the account was defaulted prior to sale then a part 20 counterclaim should be entered for the default registration.

If the account was not defaulted prior to sale then for the reasons set out within your defence no valid default notice has been issued.

They have some big choices to make.

they've paid the fee and the aq fee that's about £400 now in fees.

They've effectively admitted that the interest shouldn't be on the account, hopefully on a document admissible in Court.

The recent default and termination are hugely defective which means the only way they can win is to prove that the default and termination occured prior to sale.

Which would leave them with the small matter of being guilty by default and their own admission of trashing your credit files from the date of the more recent default to date of settlement.

[Penfolds]

Hey Jasper,

 

Thanks for coming back,

 

There offer was part of CPR response i have just uploaded the letters onto photobucket heres the link for all to see.

 

http://s1184.photobucket.com/albums/z332/penfold2010/CPR%2018%20Respons/

 

They seem to of forgot in cpr31.14 cca was requested then, now they say

 

You will have been provided with a copy of this agreement when you initially took the loan out. If you now require a further copy we can request this from the vendor, however given the age of the debt this may no longer be available. That being the case it may be necessary to provide a reconstituted copy.

 

Interesting how they avoid the question of which agreement was my payments made against.

 

It looks like there playing ignorant, and giving back a template response.

 

 

Hope to hear from you soon

 

 

Penfold

[Penfolds]

Bump

[Penfolds]

Hey Caggers,

 

I received a email from ELS this morning.......

 

WITHOUT PREJUDICE

 

Further to your recent defence we have taken our client’s further instruction. They have authorised us

to make a “without prejudice” offer to you in effect that:

 

Our client will agree to discontinue their claim on the basis that both sides bear their own

costs:-( to date and you agree not to pursue any counter claim:-(. Effectively this matter will be

closed.

 

Also as a gesture of goodwill our client has agreed to remove any entry recorded with the

Credit Reference Agencies

 

We look forward to receiving your response by return as the Allocation Questionnaire will need to be

filed by 24 June 2011 in the event that agreement cannot be reached.

 

 

____________________END________________________

 

 

 

You guys did it!

 

 

Thank you so much, you peeps are great, this site is awesome.

[dx100uk]

said that they'd do that in post 6

now.

 

you need to be VERY VERY sure that they HAVE contacted the court and actually ARE going through with this

 

it's one of Bryan Carters favourite tricks

to write and say this

 

the punter thinks its a ll done

 

but infact they never tell the court that THEY have dropped it , only you

and get a judgement by default.

 

be VERY careful.

 

do NOT take their word for it

 

dx

[Penfolds]

I am overjoyed they want to discontinue, but

 

 

In there offer they mention "this matter"....... im not dumb but does this matter mean the account or the court case?

 

As a gesture of goodwill they would remove CRF entries...not what i call goodwill.

 

They do not mention the account would not be sold on to other parties.

 

And they dont want to get there cheque book out

 

There AQ fee is £220 which they trying to not pay by discontinuing before 24th June.

 

Should i send them a copy of my previous F and F. But as a gesture of goodwill i will remove the £1000, and ask for £500.

 

Am i barking up the wrong tree now and should i be grateful how this "matter" has played out and stop... or should i use this time upto 24th to squeeze what i can get out of them.

 

Cheers

 

 

Penfold

[havinastella]

I would also suggest that they cannot sell this debt on and no FURTHER court action may be taken against you.

 

Jogs

[slick132]

Hi Penfolds,

 

I assume, as they agree to remove any CRA entries, that they are writing the debt off as well as stopping the current litigation.

 

However, you should seek their confirmation on this and make sure their client is agreeing to:-

 

1. Write off any balance on the account.

 

2. Remove all credit entries regarding it.

 

3. Not take any further recovery action or pursue any future court action for the account.

 

Ask for this in an email to them.

[Penfolds]

I plan to put another FF together tonight/tomorrow morning and put the ball back in their court, i dont want this ever coming back on me, and im not happy with the wording in there offer.

 

Any threads known i can take a peep at with in depth FF's

 

Cheers

 

Penfold

[Jasper1965]

I think any further F & F should draw attention to the following:

 

1) You are very comfortable with your defence as pleaded.

2) The burden of proof is upon them.

3) The value of the claim means a costs bearing track is likely.

4) Woodchester lease equates to over £8,000 in todays money for damage to credit. Yours has been falsely damaged for three years Khopraror endured 1 day.

5) Letters have been drafted for the OFT, The FOS and the ICO, the claimant may well be paying £500+ to enjoy the experience of having the dodgy default and unlawful application of interest investigated by these regulatory bodies.

6) You have already wasted dozens of hours of your time investigating and defending this speculative and vexatious claim.

7) You will as previously stated be quite content to see the entire farce played out before a judge of course this will occur after you have filed your party 20 counterclaim for the dodgy default.

8) The original "agreement" that never was is a sec 127(3) job.

9) They can discontinue any time right up to the steps of the court but the later they leave it the more it costs. By filing the aq they'll do another £250 plus of course if it goes that far then the letters (5) get sent so the true cost of them filing that aq is approx £1250 straight off plus higher costs and a part 20 counterclaim because you shall be filing an aq with draft directions concerning disclosure and the part 20.

[Penfolds]

Hey eventually knocked this up after being bad killing zombies on ps3 all night its 6am...........(whip)

 

 

 

without prejudice save as to costs

 

Offer of settlement.

 

Dear Sir,

 

Offer in full and final settlement of all matters between myself Mr. Penfolds and Tessera Portfolio Management Ltd.

 

I am prepared to permit your client to withdraw proceedings against me without opposal, application for costs or counterclaim subject to each and every one of conditions below being met by yourselves.

 

1) The alleged debt is extinguished permanently by your client.

2) No further court action be taken by your client against myself.

3) The account will never be sold, assigned or permitted to suffer any form of collection activity by any party including your client and/or any unspecified 3rd party.

4) All adverse references to this account be removed permanently from any credit reporting facility.

5) All personal data relating to me under the control of your client be destroyed except such as specifically prevented by statute.

6) A payment of £500 be made to me by your client to cover my costs incurred.

 

The above to be agreed in writing and signed by an officer of your client of sufficient stature to become legally binding prior to any settlement action being taken.

 

If your client is churlish enough to proceed with the action in what by the value of the claim is likely to be a costs bearing Court then it shall be stoutly defended. As previously stated I am quite content to see the entire farce played out before a judge, of course this will occur after i have filed a part 20 counterclaim for the illegal default. However as a gesture of goodwill I will agree to not enter any counterclaim against your client on acceptance of the above offer.

 

I estimate my costs at present to be in the region of £800 however as a gesture of goodwill I am prepared to cap my costs at £500. I have already wasted dozens of hours of my time investigating and defending this speculative and vexatious claim.

 

Letters have been drafted for the OFT, The FOS and The ICO, your client may well be paying £500+ to enjoy the experience of having the illegal default and unlawful application of interest investigated by these regulatory bodies. However as a final gesture of goodwill these will be destroyed on acceptance of the above offer.

 

I feel that it is in the best interests of both parties if this matter can be resolved without the need to waste the courts resources and applying for my costs and counterclaim through the courts.

 

I hope we can come to a mutually agreeable settlement by the end of today, I am willing to swiftly respond to your response and work with you resolving this matter.

 

Yours faithfully

 

 

 

Penfolds

 

 

Any thing need changing or adding i plan to fire this off to them ASAP- Im trying to get out of the country any day, ( i want to be on a beach by the end of the week), lets see if Tessera will pay for it

Edited June 21, 2011 by Penfolds

[Jasper1965]

A+ Go get them zombies.

[Penfolds]

Hey Jasper,

 

Thanks for read over, i emailed my FF over..... lets see how this pans out,