Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Barclays begging us to write a letter to courts to accept the set a side

    Hi my Husband had a succesful claim back in febuary because Barclaysicon defaulted on the claim didn't send back the acknowledgement form. WHEN HE RECIEVED THE MONEY BACK we sent a letter to the courts be for the court date to say they had paid us in full. at the time barclays had asked the court for a set a side and barclays told us that the courts had agreed with it, but this was before any court hearing. we hadn't got this in writing.

    Now we have got a court date for december for the set a side, barclays just phoned us asking/begging us to write a letter to the courts to say that we agree to the set a side because the courts stoke it out/they won't give them one and they don't want a default judgement entered. Well it has been already.

    What do you think we should do.

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  2. #2
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    let them sweat for it tell them you dont accept phone callsicon but if you want to be as fair as they were then do nothing just remember your worries and what did they do for you this is my opinion only


  3. #3
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    Quote Originally Posted by purple blue View Post
    they don't want a default judgement entered.
    Tough cookies!

    IMHO, you should not comply with their request. However, you should start getting stuff together for the hearing and it would probably be wise not to spend too much of the money until things become clearer.

    Steven

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  4. #4
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    I agree....when you initially requested your charges back did they comply?

    erm no, it was only when threatened with court action they backed down.

    Leave it up to the courts, they dont have a leg to stand on if they have settled out of court and they know it.

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  5. #5
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    Thanks guys,
    just one question, in the conversation my husband told them he would write the letter does that matter.

    I personally don't think we should write a letter for them, because when we initially started the recovery proceedings, they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn even thought they knew that his wages went in there every month and cleared the over draft. So we couldn't pay our motgages and other bills.


  6. #6
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    If they ask why he hasn't written the letter, just tell them you have taken advice and realised that what they were asking was unreasonable, so you changed your mind.

    Steven

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    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  7. #7
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    I personally don't think we should write a letter for them, because when we initially started the recovery proceedings, they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn even thought they knew that his wages went in there every month and cleared the over draft. So we couldn't pay our motgages and other bills
    i am quite sure had they not missed the hearing,they would still be fighting their corner and you would have gone through yet more months of turmoil and worry besides all the side effects this brings with it,relaitionships arguements etc...they would nt have given two hoots for your worries,like i said you have no need to speak with them nor colude with them,be intrsting if you sent them a letter for compensation for all the sleeples wory nights you both had to go through...the requested letter you felt was puting more
    unreasonable pressure upon both of you and have decided that it is not in your intrest to be so obliging since no letters of apoligy has been forthcoming as you would have liked to have had,even a curtious phone callicon during the times they were defaulting your account i wonder if they are still on record which no doubt they still may have under their credit scoring system it is unlikely they will erase all this information.


  8. #8
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    hang on, so they lost by default, and paid you back in full, and the courts set a date anyway?

    sounds very strange to me

    Did you tell the courts in writing that Barclaysicon had settled?

    If you have I cant understand (Perhaps it is me being thick) why this is all happening

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  9. #9
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    is it a possibility the banks are trying to resurect the case ?


  10. #10
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    cant see why, they lost, they paid out, cant see what is happening it now, i am sure that it wouldnt be in their best interests and indeed could be seen as vexatious by the court

    Lula


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    Lula v Abbey (2) - Settled
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  11. #11
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    It sounds to me like the court doesnt know that a settlement has been paid, I think that the claimant should make doubly sure that they have informed the court and if they havnt they need to, otherwise they might be liable for costs for wasting the courts time

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  12. #12
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    I sent the courts a letter that I had been paid in full, and it is the court bundle that they have sent to me also I have had to sign a letter written by Barclaysicon solicitors stating that they have paid me. When I spoke to barclays they said they know I have done that,

    but it is a different letter they need me to write stating that I accept the set a side, because they have asked and the courts still wants it to go to trial. But I thought it would be for the judge to decide.
    I will send another copy of the letter anyway the one where they have paid me in full.

    The begining of their letter says.
    The hearing of the defendant's application for the default judgement entered on 27 november 2006 be set a side pursuant to CPR r13.2 will take place 19th december.

    They wanted it set a side because I altered my claim so they acknowledged the first claim, but thought (they say) that they didn't have to acknowledge the altered claim even though it is counted as a new claim.


  13. #13
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    hmmmmmmmm, they have paid you in full, so why not write a letter withdrawing the claim. I know that people will say let them suffer, but we are better than them and can take the higher ground - and it might not go too well for you in Court if you turn up knowing full well that you have been paid and in actual fact, this is a technicality.

    My advice, write a letter withdrawing the claim

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  14. #14
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    R13-2-2. Definitions.
    (1) "Records officer" means the individual appointed by
    the division to fulfill the function of Subsection 63-2-103(21).
    (2) "Division" means a division of the Department of
    Administrative Services.



  15. #15
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    R13-2. Access to Records.



  16. #16
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    is their anything else with this letter,i am not sure what it really means ,but if a second letter goes to court explaining payments have been settled ,and someone has aknowleged this from court...i cannot see what the administrative records section is for or why they are asking surely they should write to the court


  17. #17
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    did you sign a disclaimer or was their ay asking you to sign a waiver of some sort...or do they want you to remove a default against them this sounds more plausable
    patrickq1


  18. #18
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    ok, to avoid any more confusion, can you post up the wording of the letter or email? if they havnt asked you in writing, get them to, you shouldnt be sending letters to the court to help out the banks unless they ask you VERY NICELY in writing giving their reasons

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  19. #19
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    very nicely i like that lula


  20. #20
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    Default Re: Barclays begging us to write a letter to courts to accept the set a side

    Yes they want us to remove a default against them.



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