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.
Then on the 17th may i received notification that the claim was transferred to my local court in Hull.
Stating the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.
A letter I received this morning however Dated 30 May which is where my problem lies.
It reads
“General Form of Judgment or Order
Upon the courts own motion the Court has made this order of its own initiative without a hearing.
If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.
IT IS ORDERED THAT
This matter to be listed on 4th July 2007 at 3.00pm to consider striking out the claim disclosing no reasonable prospect of success in the light of the recent decision of Berwick v Lloyds TSB 15 May 07'.
I have managed to find this link on the site http://www.consumeractiongroup.co.uk...oval-stay.html
I understand I have to apply for a removal of stay is this correct ?
If this is the case I have no idea how to adapt it to my personal claim.
It also states I need a N244 form which should be in the templates library but i am unable to find it.
Also I believe I need Barclays Term & Conditions from when I opened my account?
I have looked on their site but cannot seem to find these either.
I have now downloaded the N244 and emailed the BBC (thank you Dar£n)
I have contacted the Litigation team but they are getting back to me as they are very busy at the moment (!) (Thanks saintly_1)
Sorry to be a pain but I have no idea what "pm a mod" means and can't find it in any of the search/help.
I guess it means Private Message to Moderator but I can't seem to find who I send too.
Found a list of members link but it was removed.
Apologies I'm new to this Forum Stuff !
I have no idea what "pm a mod" means and can't find it in any of the search/help.
I guess it means Private Message to Moderator but I can't seem to find who I send too.
See youre not that bad..
see here for a list of who is online, [at the very bottom of the page]
the Moderators, Site Helpers and admin are highlighted:
While awaiting the HULL 4th July Court Hearing I have received an offer of settlement from Barclay's (which is for the full amount plus interest and costs)
Here is a copy below.
Also (after advice from Bankfodder) below that is a response from myself refusing under the conditions they are enforcing.
Claim against Barclays Bank PLC,
Kingston-upon-Hull county court Claim Number:XXXXXXXX
I refer to the above proceedings.
As you will have seen from our defense, we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do, however, recognise that it is not cost effective for either party to take this matter all the way to trial, particularly bearing in mind the interlocutory hearing scheduled for 4th July. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and any court costs, which comes to £XXX.XX, subject to the terms set out in this letter.
This offer to pay £XXX.XX is in Full and final settlement of the whole of your claim and is strictly without any admission of liability on our part. By accepting this offer, you also agree that the existence and the terms of this offer remain confidential between us.
If you agree to the terms of this letter, please sign and return a signed copy of this letter to me (by fax, email or post) at the above address within the next 7 days. You will also need to notify the County Court, in writing, that you have discontinued your claim against us. Please forward a copy of your letter to the Court after you return a signed copy of this letter to us. Payment of this sum will be made to your Barclays account.
Should you decide to reject the Bank's offer, we reserve the right to disclose this letter to the Court on the subject of costs.
MY RESPONSE
17/06/2007
Thomas Hickey
Barclays Legal & Compliance
Litigation & Disputes
Level 29
One Churchill Place
London
E14 5HP
Your Ref: TH
Dear Mr Hickey
Claim against Barclays Bank PLC, Kingston upon Hull County Court
Claim Number: XXXXXXXX
Thank you for your offer 12th June 2007 but I feel I cannot accept under the conditions you are enforcing and am more than happy to go all the way into court if you do not refund my money unconditionally.
I notice that you are threatening to disclose my refusal of this offer to the court on the basis that this may prejudice me as to costs.
You are in effect i believe making me a Part 36 offer but as you must be fully aware Part 36 is not applicable to small claims and therefore you Part 36 offer is abusive, intimidatory and dishonest.
I can tell you that I am sending a copy of your offer letter and this response to the Judge in Hull and also to the Solicitors Regulation Authority.
This kind of behaviour by you is further evidence of the underhand tactics practised by you and your clients and which we read about almost every day in the press.
I shall also be publishing the contents of your letter and my response on the Consumer Action Group website so that thousand of others can be warned.
I suggest you send me my money in order to avoid an embarrassing defeat in court.
Yours Sincerely
I will be sending this Monday and see what happens.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Definition
The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.
The part 36 was as dictated on the telephone by Bankfodder.
I had a quick "google" to see what it was about but to be honest was totally out of my depth.
If you are sure that is correct I will change it.
Any help appreciated.
If you have ANY doubts, leave it out, and reword it, if you cannot argue it if needed do not use it...
what you could do is use THEIRs and simply strike through what you dont agree with and amend as necessary. [initial any changes]
I have received a 2nd offer of settlement from the Barclay's Litigation Team.
They have apologised for the 1st settlement offer “not drafted in the most conciliatory manner” and have agreed to the deletion of the confidentiality clause.
With theses concessions I feel there is nothing left to to gain as the settlement is for the full amount and the problems with the 1st settlement offer have been met.
I have therefore agreed to settle.I would like to take this opportunity to thank everyone for there help and guidance it has been most appreciated.
As soon as the funds clear I will be making a contribution to the Consumer Action Group.
ukseroxat Vs Barclays ***WON***
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Originally Posted by ukseroxat
