Frst National Finance Ltd V Steveshawx - Help needed

[stevesj]

Cynic!! - I'm taking your advice on this, as I did have that thought. I'm not withdrawing anything until I see all in writing - as far as they're concerned i've seen nowt!! They still haven't replied to anything I've sent by post, so don't really know where they are up to with me - I probably set the cat amongst the pidgeons when i asked the CRAs to put dispute notices against the default entries

 

Steve

[InKogneeToh]

Hi

 

Cynic?? Moi?? I am just uber cautious, that's all!

 

Only when you have them firmly tied to the rack and the squeals have started should you show any leniency!

 

Regards, Pam

[stevesj]

and what came in the post today??

 

:lol: :lol:

16 March 2007

Dear Stevesj,

 

thank you for your letter dated the 19 january 2007. I apologise for the delay in responding (yeah right!).

 

after investigating the case, I have observed that the agreement you had with us was originally as under

 

(Lays out as should be) - not as it was!!

 

"In the agreement the boxes have beend wrongly filled with "36" instead of "6" whereas "6" is entered instead of "36". (sharp bloke eh? - I told him this!!!!!). It is obvious that 6 payments of £12.68 don not cover even the original sum borrowed. (no S**t)I have noticed that total payments from you on this account valued £308.00 so far. (he reckons I have paid £28 more than I actually have )"

"due to the time elapsed in resolving the situation, I have as a goodwill gesture, removed the remaining balance on the account as well as the defaulted entry from your credit file."(well, whoopi doo! - time elapsed, GOGW???)

"I trust this is to your satisfaction. However, if you have any further queries or concerns, please do not hestiate to contact us."

 

Yours sincerely

 

Khuram Zaahid

CREDIT DATA MNAGEMENT

0870 124 2452""

 

NOW THEN PEEPS - Do I continue suing and pursue these incompetents, or do i accept this and roll over (so to speak)

[InKogneeToh]

Hi Steve

 

Did you actually start court action?

 

Regards, Pam

[stevesj]

yes - although I'm having 2nd thoughts on pursuing the money, I'm wanting to write to this geezer and put him right on factual issues.

 

It's a result in terms of getting the default completely removed.

 

what else could I do, I've incurred some costs, but that could be offset against any legal payments I may have made - a moral victory?

 

Steve

[InKogneeToh]

Hi

 

Well, the letter you have received seems to be just a response to your letter in Jan. I wonder if this Mr Zaahid is actually aware that court proceedings have been started - it certainly doesn't look like it?

 

Of course you have to weigh up the pros and cons of continuing with the claim but whatever your decision, you should request that they pay you the cost of filing the claim as a condition of discontinuing it.

 

The agreement is obviously improperly executed but it depends on what the judge decides to do about it on the day. He might say that you only need pay a proportion of the correct amount, or he might say that you were only obliged to pay what it says!

 

Of course the outcome is uncertain - but FNTB will also have to consider the risks (and the cost) of defending your claim!

Since your claim is relatively small they might well decide that it's best to pay up.

 

If it was me, I would still try to negotiate a better settlement. Once they start receiving the court docs. and have to apply time/money to a defence they will have to make some commercially sensible decisions.

 

Regards Pam

[stevesj]

If I take the original amount for the good I've had, I've paid for them without incurring interest, OK paid a little over, and paid the amount under the explicit terms of the contract of a delayed start of 36 months.

 

The flip side (which keeps nagging me) - the explicit terms mean i pay 6 instalments.................which amounts to over payments....this is a fact of the contract, simple law?

 

I'm going to sleep on this and telephone them tomorrow, with a clearer head. :grin:

[InKogneeToh]

Hi Steve

 

If you don't feel comfortable holding out for the full amount you could always suggest that they settle by repaying half of the amount you are claiming in 'overpayments' plus perhaps an amount for the distress/inconvenience of having the default filed against you. You should point out that this is a compromise to take into account the uncertainties of litigation - for them as well as for you ( an issue any good lawyer will be only too aware of!) and will also save them defence costs!

 

In any event you should insist on repayment of your costs to file the claim in the first place!

 

Regards, Pam

[stevesj]

ANOTHER LETTER FROM fntf LTD - came yesterday, apologising for late replies, etc.

Agreed to refund my costs, and a GOGW towards SAR and postage, IF I withdraw claim.

 

So i will monday - this is a victory really - paid back exes incurred in pursuing them, withdrawal of default, debt to them paid within their time limits.

 

don't think personally that the courts would see the claiming damages for hurt reputation.

 

so counting this as a non-monetary win!! :D

[InKogneeToh]

Hi Steve

 

Yes, this is a victory and there is always a risk with litigation that it won't go your way.

 

You should still state in your response that you will be prepared to accept their settlement offer on the condition that they first send written confirmation that the default has been removed and will not be re-applied, that the account is now settled and that no further action, legal or otherwise will be taken by them in relation it. Say that once you receive this in writing, together with their cheque for full offer you will notify the court that the claim is settled.

 

This may seem a little OTT but you should cross all t's and dot all i's. They would if the shoe was on the other foot!

 

Very well done anyway - doesn't it feel good to be the one in control for once!!

 

Regards, Pam