Phoenix -v- Platform

[thephoenix]

Re: Phoenix -v- Platform


Offer letter for Consent Order.
Thanks to Amethyst and Tools :kiss:




Claim No.XXXXXXXX


Dear Sir / Madam

We are in receipt of your letter dated 27th September 2007, in which you state your intention to claim costs against us for unreasonable behavior.

This letter appears to be an attempt to intimidate us into withdrawing our claim. We are aware that your client has entered a counter claim under clause 17 of the product terms and conditions.

In view of your Clients offer to settle the outstanding balance on the account for a figure of £XXXX, we would like to take the opportunity to offer a repayment proposal to your client of £XX per calendar month over a period of 24 months or until the balance is clear, reviewable at 6 monthly intervals with a view to earlier settlement. We require confirmation of their acceptance of this proposal in writing.

If this is agreeable, we request your approval of the attached consent order. This would discontinue this claim against your client, and bring this matter to a close.

[thephoenix]

Re: Phoenix -v- Platform

Consent Order:
Again, thanx to Amethyst & Tools


IN THE xxxxxx COUNTY COURT CLAIM NO: xxxxxxxxx

BETWEEN:-

Claimant
- and -
Defendant

______________________

ORDER

______________________


BY CONSENT IT IS ORDERED THAT


(1) all further proceedings in this case be discontinued; to include any counterclaim;
(2) there be no order for costs;

The parties consent to an order in the above terms.


Signed:-


…………………………….. ……………………………...........


Claimants.................. Solicitors for the Defendant



xx/xx/2007............... xx/xx/2007

[thephoenix]

Re: Phoenix -v- Platform

Right...... Update time:

Spoke to Adam @ Drydens and he has confirmed that Platform are willing to accept the consent order below.... :carrot:......... So day out for me :o

With the counterclaim they issued, we (meaning, myself, Amethyst and Tools) felt it would be too risky to go ahead with the hearing and issued the said consent order. They have agreed, I'm just waiting for Adam to email me the signed copy.

So, need to send it to courts and i reckon a letter to state the withdrawal of claim on the premise of the consent order.

So... a strange decision to pull the plug, i know but the risks attached were just to great.

So, a big thank you to Amethyst and Tools for there help on this one. respect to you both.

[WendyB]

Re: Phoenix -v- Platform

This is all a bit over my head, but from what I can gather you've done the right thing for you in the circumstances. Sometimes even a partial loss can be classed as a victory, if you see what I mean. Or am i talking complete rubbish as usual Well done anyway - I think!

[thephoenix]

Re: Phoenix -v- Platform

:kiss: :roll:

No...... your right. COULD of been a lot worse if we'll lost in court. ouch!!!!

thanks

[thephoenix]

Re: Phoenix -v- Platform

getting just a little concerned over this now. Although they agreed to the consent order, which stated that we require written confirmation as well as the signed consent form, they have not sent me anything as yet.

Should I be contacting them for there payment account details???????

I can't make any payment without a D/D instruction from them or maybe I should set up a standing order. That way we are more in control but without the guarantee?????

[iancognito]

Re: Phoenix -v- Platform

I would certainly contact them and set up a payment asap, wouldn't do it by DD tho' set up a Standing order or pay monthly by internet banking. That way you remain in control and they can't take any amount they wish by 'mistake' (has been known to happen on the odd occasion)

[thephoenix]

Re: Phoenix -v- Platform

Well i gave platform a call and asked whether they are gonna be sending me conformation that they agree to the consent order (got consent order back signed by their solicitors) they knew nothing about it.
They gonna contact solicitors and get update and get to me.

Left hand right hand.....................

[theGobbyOne]

Re: Phoenix -v- Platform

They bloody amateurs me thinks

[thephoenix]

Re: Phoenix -v- Platform

Still nothing from Platform. I have requested on several occasions, payment instructions from them but they have sent nothing :bolt:

[Mochamoos]

Re: Phoenix -v- Platform

:boink: Sharp stick, might wake them up.

[thephoenix]

Re: Phoenix -v- Platform

Sharp stick :mad2: bet even the midnight rumble didn't wake them.

:kiss:

[thephoenix]

Re: Phoenix -v- Platform

Suppose I should update this :tinysmile_hmm_t2:

Still no conclusion, Thanks to all the amazing help from LB I'm no longer looking over my shoulder at a substantial legal bill.
Yet although the courts have endorsed the Consent Order which was agreed to by Drydens (solicitors) on behalf of Platform, we still are no further forward.
I specifically requested details from platform for payment details as I have changed bank and so forth.
Many calls to Drydens later, still nothing, so after a few months of trying to get payments details from them I gave up.
Today got a hand delivered letter from NCI Resources, I gave the poor lad a call and politely informed him of the situation and requested he report back to his head office and call it a day on this case.
Soooo just waiting for Platform..... again.

Thanks for listening

[Turboman]

Re: Phoenix -v- Platform

Is one of the conclusions here that they backed out of invoking the Indemnity Clause Counterclaim completely ?

Are there any other cases anybody knows of where the lender has invoked the clause?

Thanks

Turbs