Advice please. B/card legal trickery?
Hi, first of thanks for a great site and thanks for reading. Well I have taken barclaycard to court and they failed to file a defence. I applied for judgement by default.
I have recieved a form from the court (Judgement for Claimant - in default) Stating that barclaycard must pay me £728 forthwith.
This seems pretty straight forward.
The day after i recieved 3 letters from Barclaycard;
1) states i am now no longer entitled to withdraw cash from a machine on my barclaycard.
2) states my credit limit has been reduced
3) Is the one that has me a little confused and is worded as follows.
_________________________ _________________________ ___
without prejudice
Dear Mr.Wick
Your claim number (blah blah blah), Plymouth county court.
I am writing to you in connection with the default judgement which has recently come to the attention of the banks litigation team.
I believe that you had issued a claim via the plymouth city court and in the abscence of a defence, secured a default judgement on 24th April 2007 for £728.
Not withstanding the fact that we had not filed a defence within the prescribed time, we are still entitled to make an application to the court for a default judgement to be set aside. However i am concious of the time involved for all concerned, i.e for you to attend a court hearing and the cost of persuing the matter further. I, therfor, propose to offer to settle your claim in full. However, i would be obliged if you will agree to:-
1) the sum of £728 is paid by us in Full and finalsettlement of your claim entitled (blah blah blah)
2)There is a voluntary stay of execution pending payment;
3)That upon receiving payment you write to the court stating that you have withdrawn your claim persuant to a settlement between parties;
4) That you consent to the default judgement being set aside.
_________________________ _________________________ ___
There are then some more bits that make it out to be all my fault and they are doing me a favour.
There is also a form for me to sign which has 2 conditions i am supposed to be agreeing to,
1) The default judgement entered on teh 24th April 2007 be set aside forthwith
2)There be no order as to costs.
Is this something i should sign, should i just wait and see if they do apply for a set aside? Surely that would cost them more and only delay me? Im in no massive rush. Not really sure what to make of it, Any advice no matter how simple would be greatfully recieved.
Regards
Rob
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