I appreciate your financial situation is
tight. As I presume you have always known this, I wonder what you
were thinking while you were carrying on your advertising campaign, your
rant against our firm, etc. (no explanation is requested or necessary).
I am not prepared to submit a different
offer at this time. The best thing will be for you to go out and see what
money you can raise from a mortgage lender, friends, or whomever, and
make an offer which we can then consider. We look forward to hearing from
you when you find out what you can accomplish on an equity refinance. We
suggest you move as diligently as you can in this effort as we will proceed with
Registrar’s reference on the Court Order Enforcement Act proceeding and
to have our costs assessed as scheduled.
Also, I don’t accept the fact you
are involving persons other than your advocate at interior health (ie. Phil
Smith, Red, Law Society, etc.). Stop involving others not directly
involved, or I’ll stop the discussion. As stated in my settlement
proposal, we recommend you keep a low profile if you want to work towards a
resolution that will eventually be to your advantage over the situation which
you now face.
From:
David Thomson [mailto:idslayer@telus.net]
Sent: Wednesday, September 28,
2005 9:13 AM
To: Roy Sommerey
Cc: Susan Volkmann - Interior
Health; Red; Philip R. Smith; Grant Hardwick; Hazel Cords; Law Society of B.C.
Subject: Your proposal
David Thomson
725 Franklyn
Road
Kelowna, British
Columbia
September 27,
2005
Roy Sommerey
C/o Doak
Shirreff
Via email
Leon Avenue,
Kelowna,
B.C.
Fax (250) 763-4780
Having
turned your proposal over in my mind for more than a week, now, I’ve come
to the conclusion that no matter how I turn it, your proposal is simply
unacceptable.
You
propose that I pay your firm $
300.00 per month, on top of my $ 532.00 monthly 1st mortgage
payment. While $ 300.00 per month might be equivalent to “lunch
money" for you and your client, it would leave me with $ 14.00 per month
for all
of my groceries and daily necessities. The additional $ 410.00 per month that I
receive as “rental income” barely covers the costs of heat, hydro,
water, insurance, etc.
Your
client is already aware, having canvassed my mortgage provider (of 20 years,
now) in 1997, that they are unwilling to extend my credit further, even as little
as $ 7,500.00. As such, I have been actively engaged in seeking a new 1st
mortgage lender, hoping to secure enough funds to encompass my debt to you and
also, in order to qualify, must also satisfy the judgment that the
Lawyers’ Insurance Fund holds in Marc Whittemore’s name.
Therefore,
I propose that if you are indeed sincere in stating that you do not wish to
sell my home and that if your client, Mr. Hardwick
is sincere in his wish to show “mercy” on me, that you come up with
an adjusted sum total, your “bottom dollar”, that would reasonably
reflect my limited ability to secure sufficient funds to pay your judgment, yet
large enough to satisfy your needs.
The
rest of the conditions in your
proposal have nothing to do with your judgment to sell my home and amount
to no less than an attempt on your part to extort my right to free speech.
In
closing, let me be clear. I came to your law firm, a victim of criminal fraud,
having lost, as your client put it, “the lion’s share of the sale
price of my business”. While you and your client only ever wanted to be
paid, I only ever wanted your client to perform the work that he agreed to
perform. Out of that, I would have happily paid, commensurate with the outcome
of the work that was performed. Mr. Hardwick saw fit to quit without living up
to his agreement to me, leaving me without any resources to pay his substantial
fees.
Yours
ver truly,
David
Thomson
c.c.
Hazel Cords – Lawyers’ Insurance Fund: fax (604) 682- 5842, Susan
Volkmann – Interior Health, et al