archer V natwest ***WON***

[Fendyweather]

I would e mail Cobbetts on Monday, request a receipt for the e mail and also follow it up with a phone call in the afternoon.

Whatever you do, DO NOT PULL OUT OF THIS COURT HEARING, DONT. Thats what they will be banking on. You will win this archer. Dont pull out.

I suggest................... 5 mins whilst I put an e mail together.

Whats the total of

charges £
Interest at 8% £
Court Fee £

Just let me have them and I can word something for ya hun.

Fendy xxx

[Fendyweather]

Dear XXXXX

I am in receipt of your letter Dated XXX advising you are willing to settle my claim prior to the hearing on XXXX and have offered me XXXXXX amount.

However, as I am fully aware of my rights regarding the 6 year limitations, and have included arguments for this in my court bundle to the judge, then I have no intention of withdrawing my pre six year charges.

To date, the charges stand at £ XXXX, plus debit interet at £XXXXX and court interest at 8% of £ XXXX plus my court filing fee of £XXXX. Making a total claim as at todays date (Mondays obviously), of £XXXXX to settle my claim in full today. I consider that at such a late stage to have offered me £XXXXX is an insult to my intelligence and a clear abuse of the court process. I have been making repeated attempts at settlement with you over the last XXX weeks or days (whichever is applicable),and all attempts have been blatantly ignored by XXXX (whomever is dealing with it at Cobbetts). Not only is this an abuse of my attempts at negotiation, which I will also be bringing to the attention of the judge, but a clear abuse of the court process itself.

I firmly believe you have been continually procrastinating and never had any intention whatsoever of defending this in court. As a result I have also added in a wasted costs order to court so that when I win this claim, I will also be claiming for XXXXXX costs to date that I have incurred.

However, as I consider I am a reasonable and fair person, and in order to be seen by the judge and courts to again be the person offering to negotiate, I would be prepared to make a counter offer of £ XXXXX, . This represents a total reduction of XXXXX, i.e. the debit interest, and also my court filing fee. With the further promise that I wont be pursuing a wasted costs order when I win at trial. This is the basis of my counter offer to you.

If you wish to proceed with settlement prior to trial on XXXX date, then I would be willing to accept XXXX in full and final settlement of this claim, on the condition that this is paid into my account within the next 7 days, or by cheque within the next 7 days (whichever version you prefer archer).

In the absence of any further offers or indeed contact from yourself to my counter offer, then again, I will be advising the court of my repeated attempts at settlement prior to the hearing, and thus proving to the courts, Cobbetts repeated abuse of the court, and its valuable time and resources in this matter. And if this is not agreeable to you, then I shall see you in court. If it is, then I look forward to hearing from you, no later than end of the day today. That is my offer.

Yours,

Archer. xxx

Archer decide what amount you would be prepared to drop to not have to face standing in a court room. Its still my firm belief they wont turn up and you will win. But if you fancy a cheque now rather than drag it out, I would knock just a tiny bit off your total. Fendy xxxxx

[archer_66]

fendy uve put in there within 7 days but thats after the court date.ill have to say something like i want the agreeement by email or in writing b4 27th which gives them approx 1 working day!! god its cutting it fine!!
ill email it first then phone when i get in from work...hopefully ill be able to get to talk to someone though!! ??
what a nightmare why are they shut today!

[archer_66]

thanks fendy for ur email......ill let u know what they say
xxxx

[Tempty]

don't panic archer honey (easier said then done i know) they have done this deliberatly so you have to worry about it all through the weekend without being able to do anything about it..... it's BLATENT INTIMEDATION and the court WILL see it as such. you WILL WIN this honey. send the email today!!! no need to wait, it will be there first thing monday. (obviously make a note you are aware they are not in the office till monday etc) then ring them first thing..... before you go to work.... if you can..... make them aware of the email... and tell them you will call again in the pm. be firm.... be polite.... but make sure they know you mean buisness......... hang in there hun.....you're soooooooo close.... this really is their last ditch attempt to scare you off. just be strong for a little longer. you can do this........ you WILL do this. we all love ya loads and we know you're going to WIN

[enaid]

You better had me thong don't fit

[Fendyweather]

But archer, even if they agree to settle, if I was you I would still turn up to court clutching the e mail saying they will settle (if you get one). I wouldnt call off court, because either way, you win. Either they settle prior to court or you still turn up and win anyway. All you need do is show the e mail to the judge saying they have agreed to settle then trial is cancelled. But dont NOT TURN UP. Still go to court hun. Fendy xxxx

[archer_66]

aww tempty such lovely encouragement!
well ill send the email today later on cos im going to moms to help get her house valued.
and enaid ud better get down to annsummers and buy a bigger thong!!!
i will be going to court wednesday,and ive read that i can ask for a stay until the cheque clears...
well,i will call them monay but they arent open til after i leave so itll have to be dinner time or just before.but i cant see this being settled b4 court due to there only being one working day b4 the hearing! talk about cutting it fine! think it was cut a bit too fine!

[Tempty]

yup, that's why I think the judge can't help but see this as intimidation!! lay it on thick hehe, loss of sleep over weekend, stay up reall late the night before and get up early in the morning wednesday LOL
either that or a bit of makeup..... those dark shadows are real easy to do ya know LOL. might be worth doing what fendy did and writing to the judge presiding over her case! just a thought.... I'm sure she'd help you word it hehe.
can you maybe take alittle time off work? maybe request a slightly later start? again would be something to mention to the judge, having to take time from work due to them waiting till the last min. again just thoughts hun.

[Tempty]

lol just read that back........ don't write to fendy's judge!!!!

hehe can't see that doing ya any good now

[veilside01702]

Sorry to say it but......yipeeeee enaid in FMB's and Thong....lol
I can't believe they have left it this close to the hearing.....
They are stoooopid....
This is going to make them look really bad to the judge.....
I think Tempty is correct.....nice additional letter to judge apprising them of the way in which the defence has acted. Should also get you a nice wasted costs order for leaving it too late......
You got em.....just wait till monday....relax tomorrow and have a lovely roast....
Russ

[archer_66]

no money for roasts VS im broke! will have to go see what offers the shops have got.ive £20 to last all week! hopefully itll be the last week im like this though!
will the judge get the letter in time though if i post it tomorrow? god its so soon i cant really do anything now,will be speaking to cobbetts after work about 12 ish.ill be asking for the balance cos theyve sent me the chq just need about 700 and something on top.theyll have all morning to read the email .....but shes so hard to get hold of though! and she isnt very helpful!

[Tempty]

Archer honey, dont post the letter to the judge, take it in by hand..... if you can, or try to bribe someone else to take it in for you, failing that ring the court and ask if a note can be attached to your case for the judge to see.... yanever hun that may work if there's no way you can get there!

[Fendyweather]

I agree hand deliver it if you can hun. Please keep us on the loop today archer, Im bursting at the seams to know whats happening and if theres anything at all we can do to help hun. I know you have a busy day ahead of you, but please if you can, let us know whats going on. Thanks hun.

big hug and fingers crossed for ya. I do hope they see sense, its ludicrious not to at this stage. Fendy xxx

[Fendyweather]

Archer, news please, when you can ??? Please >????? Im weeing myself with excitement here........... I need to see that title changed to WON, I SOOOOOOOOOO DO. XXX

FENDY XXX