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

[Penfolds]

Hey Caggers,

 

I got a response from Tessera's Sols ELS......................

 

 

 

 

Dear Sir,

 

Re: Tessera Portfolio Management Limited-v-Mr Penfold

Case Number: XXXXXXX

 

Without prejudice save as to costs

 

Further to our recent exchange of correspondence we have taken our client’s further instruction. They

have confirmed that they will agree to settle this matter on an amicable basis as we have discussed.

For the avoidance of any doubt the terms are:

 

· Our client agrees 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 is closed.

 

· Our client will close their file and following settlement they have also instructed us to close

our file.

 

· Following closure no further assignment, sale or collection activity will take place.

 

· No further action (court or otherwise) will be taken against you in respect of this matter.

 

· No court (or other) action to be taken by you against our client in respect of this matter.

 

· Our client has agreed to arrange for the removal of any entry recorded with the Credit

Reference Agencies relating to this matter.

 

· A payment of £500.00 will be remitted to you (enclosed).

 

· We will send a Notice of Discontinuance, copy enclosed, to the court to draw this matter to a

close on the basis that both sides bear their own costs.

 

We trust that this matter has now been brought to a conclusion and will close our file.

 

Yours faithfully

 

 

ELS & Cole Solicitors

 

 

___________________END_________________

 

Also attached is the Notice Of Discontinuance, although it is unsigned.....I am about to go into further correspondence with them to request a signed copy is sent to me before the 24th June 2011 (AQ filing Date), so i can hand deliver to the court myself.

 

Is there anything else i should be doing?

 

Caggers, again i cant thank all of you enough for the help and support you guys have gave me, you are a great inspiration to myself and others..... Thank you!

 

I will make a donation to http://www.consumeractiongroup.co.uk this evening to support this great site. I will regularly pop in to see if i could ever try and help others as you guys have, I too are fed up with big bully companies that try and push the regular Joe to far.

 

 

Penfold

[havinastella]

Excellent news Penfold.

 

Well done!

[Penfolds]

Thank you Havinastella,

 

Why is it now, I only just noticed Dangermouse and Penfold in your pic.....

[cymruambyth]

Excellent news, if only every story had such a happy ending!

[slick132]

Hi Penfolds,

 

Well done to you and to Jasper who has given you great support.

 

[Jasper1965]

This is fantastic news Penfolds.: Debt extinguished, credit records restored no worry about facing up to this in court and a little something towards the summer holiday for you to boot!! I'm really pleased this has been resolved so favourably for you and hopefully others can get some inspiration and draw some strength from this failed attempt to enforce a "" debt.

 

I'm sure upon analysis there are several salutory lessons for the claimant to learn from this affair, now's not the time for bitterness so we wont go over them but we can only hope that next time they try to take somebody for a mug over a dodgy debt racked up to the max with years of unjustifiable interest they think long and hard and remember the kicking Penfolds gave them before putting the N1 back in the drawer.

[slick132]

Thread title changed to reflect your win !!

 

[Penfolds]

Ok sent my request for copy of NoD by the 24th June 2011, heres there reply

 

Dear Sir,

 

Thank you for your earlier email. Just to confirm we have now received our client's cheque and the letter to you enclosing a copy of the Notice of Discontinuance together with our client's cheque is in tonight's post. We also confirm that the Notice of Discontinuance has also been sent to Danger Mouse's county court.

 

--

Regards

ELS & Cole Solicitors

 

 

________________END_____________

 

 

I will scan all latest correspondence including notice of discontinuation to photobucket when hard copies are received.

 

Thanks for the title change Slick, and your contribution to this thread you too have been a great help.

 

It was never about receiving £500 from them, I was hesitant to send another FF and just accept there offer to discontinue, but I was frustrated at the lack of threads about Tessera Portfolio Management Ltd (Im sure there is more of them out there some where). I wanted to make an example of them for others to follow and maybe have this thread changed to a sticky?

 

I have just made a donation to http://www.consumeractiongroup.co.uk and i have just booked my holiday. Thank you Tessera Portfolio

 

I must admit all this has not been easy, but i would encourage any one in the same position to fight back, and not ignore that claim form. You will find everything you need here on this website, and if you cant find it - just ask, if you dont understand it - just ask.

 

I originally wanted to deal with this in 2009, before any court action, and created another account then to seek help but was to embarrassed to plead my story - dont be, many people here have been there previously, and visitors here are here for some similar reason. I wish those 4000 guests online right now would join and blab away.

 

 

Kind regards to all.

 

 

Penfolds

 

 

£6,075.05 Debt Extinguished, £500 Compensation Paid, CRF Restored.

Edited June 23, 2011 by Penfolds
Court Location Changed

[slick132]

Thanks for the Site Donation and I hope your thread will inspire others to take a stand, seek help and fight.

 

[Penfolds]

Hey Caggers,

 

Im back and so are these low life ****..... after agreeing with them the following

 

Further to our recent exchange of correspondence we have taken our client’s further instruction. They

have confirmed that they will agree to settle this matter on an amicable basis as we have discussed.

For the avoidance of any doubt the terms are:

 

· Our client agrees 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 is closed.

 

· Our client will close their file and following settlement they have also instructed us to close

our file.

 

· Following closure no further assignment, sale or collection activity will take place.

 

· No further action (court or otherwise) will be taken against you in respect of this matter.

 

· No court (or other) action to be taken by you against our client in respect of this matter.

 

· Our client has agreed to arrange for the removal of any entry recorded with the Credit

Reference Agencies relating to this matter.

 

· A payment of £500.00 will be remitted to you (enclosed).

 

· We will send a Notice of Discontinuance, copy enclosed, to the court to draw this matter to a

close on the basis that both sides bear their own costs.

 

We trust that this matter has now been brought to a conclusion and will close our file.

 

 

 

After getting my cheque 3 weeks later they removed all entry with credit reference agencies,

 

however on 17/11/11 they have put a new entry saying the account was settled in OCT 08 with no payment details... thus surely having a negative effect on my credit file?

 

So which way do i go now, ask them nicely to remove it or a more heavier approach, is it time for there cheque book to come out again?

[dx100uk]

could 'the matter' be the removal of wrong data

 

so all they have done is 'correctly' updated the file

to what it 'should' have read at that time

 

i cant see it doing you any harm

UNLESS the history of the debt shows defaults etc

then if a creditor were to delve further

they might see it.

 

i know normally that potential creditors cannot see past data on a debt if settled

 

but i have also known them to have too.

 

i once got quoted a default on a settled loan

 

that was 5yrs old , and i settled the next week.

 

just thinking out loud

 

dx

[Penfolds]

there is no update other than the settlement date... which would leave others to question why they didnt update it, and having a settled mark others would believe it was not fully paid off.

 

my crf had nothing for the last 4 months relating to this, seems like they trying to have a final dig.

[dx100uk]

settled is settled

 

it has no bad effect

 

dx

[DonkeyB]

But the agreement clearly said ANY data would be removed in respect of the debt. In context, that clearly means there should be no reference to it.

[dx100uk]

p'haps they did

 

but it said removed any data

but did not say they cant put correct data on?

 

dx

[DonkeyB]

Surely even adding ‘settled’ is an ‘entry’? Moot point anyway.

[dx100uk]

yep its just post 72 that details their 'without pred offer'

 

it does say remove any entry.

but thats second hand if you get what i mean.

 

lets see

 

dx

[Penfolds]

Hey Caggers,

 

This morning 3am i received a email alert from equifax to say there had been another change to my credit file...

 

They have now removed all data relating to this.

 

I did not even make contact with them, one would assume ELS are are watching.

 

Now this makes it interesting that they are trashing my credit file and they knew of it, for them to have stopped, means they or some one told them to remove it?

 

surely this makes them look guilty of something or misconduct?

 

Penfolds

[Jasper1965]

Maybe they are guilty of knowing of the existence of this thread?

[DonkeyB]

Maybe their wheels just grind slowly.

[Penfolds]

Once again on friday they have listed the debt with cra as settled, this time tessera and arrow global have now listed it

[DonkeyB]

Think it’s time for you to get nasty.