Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Claim was acknowledged by the Woolwich on 14th May for a total of £9800 including statutory interest and court costs.
Have been away and returned to open my post to a letter saying:
"...despite my comments in relation to your views...without admission of liability...willing to offer £5390 towards the amount you are seeking...intended as a goodwill gesture, in Full and final settlement of your complaint...."
Though this is a large amount of money, I feel that I'm still well short of an acceptable offer!
Should I go down the road of 'partial acceptance, without prejudice, but intend to calim the remainder in court'? If I do this, what is the usual outcome?
Also, is it worth phoning to speak to someone about my intentions, with the hope of increasing the offer to somewhere near full settlement?
I'm scared I might be jeopardising the £5400 if I continue and the judge rules against me? But at the same time, £4k is a hell of an amount to lose in what might be considered a 'gamble'
Any advice would be appreciated, especially from anyone who has succeeded after being in the same boat.
I'd go for the whole lot -
My claim is substanially more than yours and what really funny is that When I first went to the woolwich re me claiming I was told that all calims over £1K have been directed to Barclays, I never had any sort of offer from them at all. It would seem that they pick and choose who they want pay off. I am on the last leg of claiming over £14K yep £14K, just waiting for the court date which I should know by the end of the week.
It's totally up to you what you do, but as you say £4K is a lot to give away, go back and see what they say.
Claim was acknowledged by the Woolwich on 14th May for a total of £9800 including statutory interest and court costs.
Have been away and returned to open my post to a letter saying:
"...despite my comments in relation to your views...without admission of liability...willing to offer £5390 towards the amount you are seeking...intended as a goodwill gesture, in Full and final settlement of your complaint...."
Though this is a large amount of money, I feel that I'm still well short of an acceptable offer!
Should I go down the road of 'partial acceptance, without prejudice, but intend to calim the remainder in court'? If I do this, what is the usual outcome?
Also, is it worth phoning to speak to someone about my intentions, with the hope of increasing the offer to somewhere near full settlement?
I'm scared I might be jeopardising the £5400 if I continue and the judge rules against me? But at the same time, £4k is a hell of an amount to lose in what might be considered a 'gamble'
Any advice would be appreciated, especially from anyone who has succeeded after being in the same boat.
and then carry on with your claim. I would not even expect them to reply to the above letter.
If you read through some of the longer threads in this forum you will find theWoolwich/Barclays have never set foot in court, pay up a week or so before the court date and pay up in full .
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
"But at the same time, £4k is a hell of an amount to lose in what might be considered a 'gamble'".
Looking at this logically, do you feel that the bank would be offering you nearly £5.5k if they were confident they were going to win if it went to court?
If it were me, I'd had no hesitation in hanging out for all of my money.
Cheer for the advice peeps. Yeah, I know I should just stick it out. But I'm just worried that there'll be some new development in all this that we can't foresee, that'll suddenly put the anchors on any further claims...i.e a ruling or a loophole found or something else out of the blue. To be honest, I'd be more than happy with the £7200 that is my total less the interest. Would it be worth waiting for my court date - which I should here on Monday - and calling them to see if they'd go for a £7200 settlement? I'd be prepared to let the rest go to save all this stress! It's a hell of a lot of money.....:-|
Hi St3
I believe that if having filed a claim at court, possibly the start of action against the bank as you have, would not affect the outcome of some miraculous appearance of a bank fairy to magically grant the banks a way out of the massive hole they have dug.
Out of the thousands of claims filed the banks have won.....let me think....NONE.
If you follow the laid down proceedure and rely on the basic principle of statute and law they cant win.
I know you talking about a lot of money but do you really want them to keep half
Chin up, onward with the fight
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
Well, just checked MCOL and they've put in their defense. Game on then!
Dya think it's worth calling Krysta at Barclays on Monday to see if they'll budge on the offer?
Hope you have more joy than me with phoning Barclays. I now have a court date, I have phoned umteen times and spoken 1st to Krysta who is really nice but passes me to Paul Quinn, who has advised me that they will contact me in a couple of weeks!!!!!!!! . they state that the information have not been passed from their A/C dept. and he can not put me at the top of the list as he has more pressing dates to deal with. In my view this is the most daunting phase. my whole family lift is currently in limbo, and there seems nothing I can do to save it. Sorry to sound so negative but I don't know what else to do. No one it seems is reading my thread, no words of encouragent seem to be forthcoming. and what with what happen in Hull today,the situation just seems to get worse.
However my moan is now over - Go get em!!!!!!!
Awwww....Warrentuff....th anks for your post. I've just been reading your thread and can relate to it lots. You seem to be getting pretty disheartened. Don't be! You're a couple of weeks away from a big bundle of money!
You've done everything right and it's now a case of the final furlong.
I'm still awaiting further correspondence from the court. I must admit, I'm dreading all the work that needs doing for the bundle etc. There's a big part of me thinking 'accept the offer and stop all this stress'......
.......then the bigger part of me sees how a few hours reading up and printing can net me another 4 grand.
Let's keep our spirits up and fight to the end!
I'll keep you updated and will follow your thread too.
Good luck!
There is no point in phoning Barclays untill 3 weeks before your court date.
If you have just recieved a date from court it is probably at least 2-3 months away just for a hearing, so just carry on reading the threads on here, people have tried and tried but they wont settle untill at least 7 before court and then maybe not. So make sure your papers are in order, you may still have to go to court.
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007