veilside01702 vs Nutwest *** WON ***

[veilside01702]

STOP IT.....fendy!
It's not funny.......But kinda handy having him....."as a friend"....lol
We need advice on DPA....1998....(got it right this time).....he can help advise us all.....and we can help him....
We could all ring the Judge and offer loads of banking services until he admits he is on the banks payroll.......lol

[enaid]

Well whats the verdict i have read through and I still don't know?
I didn't know you had gone for contractual veilside, seems to me that is still very iffy. Anyway i hope you are happy with what ver it is you have decided to do, I still don't know

[Fendyweather]

Um do pop in and let us know how negotiations went yesterday Russ. Im busting at the seems to know. Fendy xxxxx

[Tempty]

yup me too, hope it turned out well for you

[veilside01702]

Hi all....been clearing out my nan's house with my parents....
She passed away a couple of months ago....so family has sold it and I got roped into getting it tidy...God my nan kept everything.....lol
Here's the latest offer and info......
Russ

Our client Our client is willing to make a goodwill payment to yourself in the
sum
of £ 2,131.61 in full and final settlement of the above claim and made on
the condition that you discontinue your claim with the Court. This payment
will be made without an acceptance of liability on our client's part.

If you could please confirm in writing that you are willing to accept
the above offer, I will arrange for our client to request a cheque in the above
sum from the relevant department.

I have calculated the total sum of this offer according to the
following:

A. charges - a/c ******** £ 1,771.21 (until 31/5/07)
B. Statutory Interest (8%) £ 211.54
C. daily interest £ 28.86
D. court fees £ 120.00
TOTAL £ 2,131.61

It is noted from your email dated 18 June 2007 that you are also
claiming for costs incurred and for compensation. These amounts do not form a
part
of your claim and have therefore not been considered in making the above offer.

Should you choose to continue your claim based on non-payment of these parts
of your claim, we will be making an application to be heard at the Case
Management Hearing scheduled for 27 June 2007, to strike out this part of your
claim.

Further, we may seek a Costs Order against you for recovery of our
client's costs incurred for instructing counsel to attend the hearing.

[Fendyweather]

Veilside are the charges above actually correct ?

[Fendyweather]

I thought you said charges were about £2300

[Fendyweather]

And another thing Veilside, whilst I know you are negotiating and trying to settle, that last paragraph from Cobbetts is a tad bit intimidating I think. i.e. trying to claim costs from you, well no judge in the land would allow that because its not fast track. They can only seek costs from you if its fast tracked, and yours isnt, so you have nothing to fear from that idle threat.

I still say, if they are offering charges plus 8% stat plus filing fee, then take it, but if they are not offering this, I wouldnt take it. Its up to you though veilside. Fendy xxxxx

[Tempty]

As allways firm advice from our fendy
I'd just have to echo the same thoughts really, let us know how it turns out for you. xx

[WendyB]

Hi.

I'm with Fendy on this one....if they're offering full charges plus 8% and court fees, which it looks like they are from the above letter, then take it. Definitely better than a poke in the eye with a sharp stick Then you can de-stress and stop worrying about all this, safe in the knowledge that your dosh wil arrive soon....But don't stop the court case till you get the money....as if you din't know that lol.

Wendy xx

[veilside01702]

Checked my charges fendy.....it is right.....I was using the CI.....so was adding that as well....lol
This is right amount by the looks of it.......
Just No costs or compo.....lol
I noted AM had put a bit in there about costs and compensation are not part of this offer....So could leave open a letter after they settle for compo and costs....??
As long as they settle before court date that is.....lol

[WendyB]

Are the costs that they won't pay high? And how could you prove the compo figure? Just thinking it might all be more trouble than its worth. And if it did go to court they'd look pretty reasonable having given you the above offer, much as I hate to say it of Cobblers lol. Just wouldn't want you to lose for the sake of what might be a small amount to give up, if you see what I mean.

[veilside01702]

Hi guys.......I am writing an acceptance letter with clause about the cleared funds being with me by the hearing date....and have added I will still go to court if need be, as well as a bit saying the case is a small claims court case....so I believe that no costs can be recovered by their clients.....

Wendyb.....I agree....slept on it and decided to accept.....load off my mind....lol
One thing that has got me thinking.....what if they don't get the money before hearing?

Anyone......
What would I need to do if it got as far as hearing to strike out their defence??

Russ

[Tempty]

ooo eck hun, you're jumping way ahead of me on that one!!
I honestly would'nt know, sure one of the others will be able shed some light on that for you though!

[Fendyweather]

Veilside, you can do a letter that basically says abuse order, I have a copy of mine I sent to court last week, I can e mail you a copy if you PM me your e mail address, but theres no guarantee the court will throw it out. If you are accepting their offer, I would ring AM tomorrow, let her know the urgency involved, and ensure they get cheque to you by the date next week required. They can do it. They have a week to get your cheque to you. And insist that you will carry on with the claim as normal, until such time as the cheque is with you and cleared. Dont be snotty, shes quite nice at Cobblers,, but let them know you know your rights, and that you will be turning up for the thing next week unless you have cheque in hand by then or money in account. One or the other.

But I find it pays dividends to try and be nice with them. They pay up quicker, Lol Lol Lol xxx But mention that they cant claim costs from you because its not fast track. Youre not stupid. Lol xxxx Small claims does not allow them to recover any costs from you. x