Directions Hearing Leeds

[zebbydog]

Despite accepting their offer 2 weeks ago and reminding them that time was of the essence still not had any funds returned.What now, do I turn up for court,ring the court on Monday and advise them of the situation or sit back and wait hoping the cheque will arrive sometime in the future.

[j.barton1]

Hi Zebby, I'd tell them you'll be going to court if they do not pay you. Thats what i've told barclays...
Jenny

[Glenn UK]

Originally Posted by j.barton1

Hi Zebby, I'd tell them you'll be going to court if they do not pay you. Thats what i've told barclays...
Jenny

And asking the court to award costs based on their unreasonable behaviour to boot!

[zebbydog]

Trouble is probably not enough time now to tell them and recieve a reply.I think I will probably have to write a letter to the judge apologising for the delay even if they do pay before court.I will point out that this is due to YBs obstructive and unreasonable behaviour and abuse of the court process. Here is a copy of my acceptance letter.

Response to settlement offer.
Without Prejudice


Dear Sir or Madam
With reference to your letter of the 18/01/2007 offering 1.£3055 and 2.£220 court costs, total £3275.
I can confirm that I am happy to settle for this sum in full and final settlement of claim No 6QZ73633.Please find enclosed signed acceptance letter. I will also sign and return to you the notice of discontinuance and a copy to the court, when I have cleared funds in my possession. I would remind you that time is of the essence as I will have to submit documents to the court no later than 30/01/2007.I trust that this meets with your approval. If it does not then I will continue with my claim in court on the 7/02/2007 at the Leeds Mercantile court.
Yours Faithfully.

And letter sent last week.

With reference to my letter dated 21/01/2007. As I have yet to hear from you regarding this letter and the Court date is fast approaching, I now have to submit Court Documents. Please find enclosed a copy of my Case Management Information Sheet submitted to Leeds Mercantile Court.



Considering these letters, do you think i am still entitled to go to court.After all nothing has changed they havent paid me what I am claiming for?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[j.barton1]

Can you ring your bank monday? If you can, tell them you want the chq by tues am. If not then still go on wed...nothing has changed except them messing you about even more. Which bank are you claiming against?
jenny

[zebbydog]

Its Clydesdale trading as Yorkshire bank. I will try but judjing from other threads they dont answer the phone in legal dept and usually give you the run around once they realise its bank charges. They give you a number to ring then you find out it is an answerphone. For those of you who think Barclays are difficult.Try going up against this bunch they are the worst of the lot.They were the last to pay anyone out and always take it to the wire and will use any trick in the book,from losing letters saying they never got them.To blaming their own staff.They will even forget to defend saying they didnt get letter from court and applying for judjments to be set aside,and being successful in getting the set aside

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Glenn UK]

My view is to not to chase after the banks, send your letter and unless they ring you with confirmation the money is cleared into your bank go to court and just explain to the judge.

The banks are the ones in the wrong and you are running around after them, or it appears to me that way.

This happened to me with a claim for non-compliance.

i received the info i had asked the court to enforce the morning of the hearing. I went and had a nice pleasant chat with the judge case closed.

Please don't get stressed about it all make sure your side of things is nicely buttoned up and let the bank worry about their side.

As long as you act in good faith then you are in the clear, and may even get costs awarded to you based on the banks unreasonable behaviour.

HTH

Glenn

[zebbydog]

Thanks for that. I will ring the court on Monday and inform them of Yorkshire banks behaviour. Just out of curiosity, what would happen say a bank made an offer and someone accepted as full and final,the date for court passed and they still didnt pay. Would the whole process have to be started again,bearing in mind their offer letters are always written without prejudice

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[CrispDust]

zebby if you haven't got the money in yours hands then turn up at the court.
Jenny - RESULT!!!
Fax/email seemed to galvanise actions. Had a call from a Mr Charlie Sparling (sounded city type but doubt very much they will be getting "city" bonuses this year)
Offered FULL and complete settlement, no half amounts or nearly deals - even included the additional costs I had itemised.
We had a little trouble getting faxes through for settlement letter (confidentiality clause deleted) but got there in the end. He left a message to say that he would send cheque anyway, even though he had not got the signed agreement back. Apparently an electronic transfer "is more difficult than you might suppose" - yeah right Charlie, what complete BS.
Promised the cheque would be sent special delivery and arrive tomorrow (Sat) "oh I'm not sure about special delivery on a Saturday" Yeah right Charlie, what you really mean is you haven't a clue that most people in the real world actually work on a Saturday.
Letter to court once I get cheque.
Thanks for info Jenny.
Tempted to turn up Wednesday if I have time anyway since its only 5 mins walk from work. Could still be some squirming defendants.
Right on to Abbey National and assist in the OH's claim against Halifux.

Revenge is a dish best served cold - with a lovely bottle of Bolly. Thanks Barclays.

[j.barton1]

Well Done CrispDust............You deserve it..I was promised delivery of chq by Tues. he knows i'll be there wed if i dont get it. Again congratulations.....roll on the next one. Here comes 2nd barclays and alliance and leicester YEEEEEEEEES!!
Jenny

[too strong]

Hi everyone, sorry about my rant earlier, just had to get it out. Definitely a mixture of excitement and annoyance.

Anyway, spoke to A L again today, should have my settlement transferred electronically on monday, but warned him if it is not there before court date I will be seeing him. I know he is only doing his job but come on he is talking three peoples worth of trash at the moment. Apparently I will incur legal costs of over £100,000 if I go to court on my second claim for contractual even though they have paid out the first for the same. I have given that boy too much airtime and that is that.

It was mentioned earlier that we were chasing the banks and that has been correct up to a point. I will not be calling again, if they do not I will see them wednesday.

Oh, by the way as soon as I receive funds this excellent site will be receiving a lovely donation.

This particular thread has been fantastic. Everyone helping everyone else and keeping people informed when the courts have not and it should be replicated throughout the site.

[JonCris]

Hi zebbydog

Why have you marked your letter 'without prejudice' Don't you want the court to know of it's content.

It may look like the writer knows what they are doing.....but they don't.

The ONLY time you should use it is if you don't want the contents known to the court. Your acceptance of their offer is NOT something you want to hide

[dixie dean]

Well, hi all. I'm the last name on the list - just recieved notification today about being transferred to the Leeds party on the 7th! Would really appreciate advise on what to do as clearly I cannot get the Case Management Info Sheet to them 3 days ago! I'm (well, my friend who I'm helping) is the 79th name on the list. Around half are showing as settled. Any help massively appreciated. I have not filled out my court allocation questionaire yet (this did not have to be in till the 11th Feb) from the original court - is this now redundant?

Thanks again

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[junklunacy]

I've received a recorded delivery letter from Barclays offering to SETTLE IN FULL see here http://www.consumeractiongroup.co.uk...-barclays.html

[Calculator]

Dixie Dean,

The Court told me that the 7 days timing for submission of CMI sheet is not cast in stone. I suggest you take it in personally on Monday, or fax (phone them for a fax number) or Royal Mail Special Delivery (next day guaranteed delivery). There are example CMI sheet answers earlier in this forum. Be sure to ask for additional information CPR 18 and Disclosure CPR31.
CPR 59 says also to serve a copy of the CMI sheet on the bank.
I believe your AQ questionnaire is now redundant.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[Calculator]

Last Knight,

Is yours a Mercantile Court hearing on 1st March or is yours County Court Small Claims hearing?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[kokomar]

Dixie: The AQ MAY not be necessary but don't take my word for it speak to the court. The Court "forgot" to notify me that Lloyds entered a defence back in November and therefore I never received an AQ. They have told me that the AQ isn't necessary as long as I send in the CMIS which I delivered personally last Monday. They're really helpful if you ring them up they'll give you the correct advice.

Anyone else: Has anyone settled with Lloyds yet, when I spoke to sechi et al last week they said an offer letter would be with me this week, it hasn't come so just wondered what experiences other people were having. Not panicking I have the court bundle ready to print but as others have said it's such a waste of paper 750+ pages (3 copies).

Koko

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Sayonara]

Anthoni phoned me yesterday (on what has become known at work as the "Red Phone" or "Batphone", because Barclays do not have my new mobile number, muah ha ha) as I was preparing to flee the copshop for the pub across the road.

One of the first things he said was "we have verified your charges", which was all they really could say seeing as I still have every statement they have sent me in the 10 years the account has been open (and they know it).

He didn't bother making lower offers. Could have been a case of "Friday afternoon, so many still to dooooo!"

[j.barton1]

Well done Sayonara, do we think Lombardi is getting stressed? Ha Ha Ha, he's only doing his job but WE ARE WINNING!!!
CONGRATULATIONS!!!!!
Jenny

[stan5131]

Glad to see everyone is getting their cheques. Im sure there will be a few more in the post on Monday! lol