Thanks Saintly.

Do you have any advice re: emails received in June indicating that Barclays were originally intending on settling out of court? Can we send a copy of these to the court and ask for them to somehow enforce it?

Can anyone please explain in simple terms what it actually means if your claim is stayed? Does it mean that the claim is effectively 'on hold' until the high court case result (eventually) and then gets judged on depending on the result of the high court? Or more worryingly is the case more or less dismissed?

Also, anyone got any advice if you have an email indicating that they were originally intending to settle prior to court?

Thanks.

My laptops playing up rotten so this is a rough & ready draft of sort of letter to send:

 

Dear Sir/Madam,

 

 

xxxxxxx v BARCLAYS BANK PLC

In the xxxxxxxxxxx COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to [give your reasons here]. As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

I am pleased to advise that agreement to settle this claim has been reached between the parties and documentary evidence of such is attached for your satisfaction.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made to reflect this intent of settlement giving a reasonable time period, say fourteen days, for the Defendant to issue cheque settlement to the Claimant of [£PUT IN TODAY’S CLAIM TOTAL USING UPDATED SOC FIGURES].

 

Upon clearance of said cheque settlement and thereby suitability to discontinue this claim, I will immediately notify the court.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully

Hi Welshcakes,

My fiance has already replied to the Court and Barclays with the 'standard' draft directions letters as per the first page of this thread. However, she also received a similar email to the one aloofy(?) got indicating that Barclays were initially intending to settle prior to 14th August.

Do you (or any other learned reader) have any suggestions of a way of presenting this to the court now, in light of the recent situation?

Cheers,

Mark.

Hi everybodiesmum,

The 2 documents you need to send are as per post #10 on the 1st page of this thread.

Cheers,

Mark.

As far as I know we only need to send 2 letters to the court and Barclays for the directions hearing on 14th. The draft directions order and the covering letter.

It seems as though the settlements are not happening like they used to for some reason. Just our luck

We'd be very interested to hear if anyone who is scheduled for the hearing on 14th August at Cardiff has had a settlement recently?

Thanks.

Another positive response from Dino then! Wish he was dealing with our claim

Could you also let us know who was dealing with the claim please?

My fiancee finally got hold of Tom last week and he said that offer letters should be going out at the end of this month? That's cutting it a bit fine, so the directions letters will be produced this week then

Incidentally, could someone please let us know which Barclays address the directions letters should be copied to (as well as the Courts obviously)?

Ta.

Congrats Poppy

My fiancee has tried ringing and emailing Tom but isn't getting anywhere She's now tried emailing Dino because he seems to be the only one that consistently replies to people!

Any more news from 14th August at Cardiff?

Nice one

Out of interest, when was your court date due?

Have you had a settlement then

Sorry for that, assumed people knew that one

Sorry guys, I'm under strict instructions from the gf not to 'mess about' with her claim until it's been settled.

I do think that if we use the specific email that Tom sent through it could certainly annoy him enough that he could decide not to settle early!

More than willing for it to be used after that though.

I did think about that, but to be honest we're just looking to get the settlement and don't want to jeopardize that by faffing about if it's going to happen anyway :-|

Email response received from Tom:

Basically it states that they will be looking to do a settlement, but not until mid-July.

Roll on mid-July

Hopefully we wont have to pull the bundle together now

Just had an email from Tom, basically stating they will be looking to get in touch re: a settlement mid-July.

Really does seem to be an ok guy then

Roll on mid-July

Got impatient so tried emailing Dino anyway. He replied instantly

It seems Thomas Hickey is dealing with the claim, so I've now forwarded my gf's claim to him.

Anyone dealt with Thomas?

I sent Krysta an email on behalf of my gf's claim on Friday but hadn't received any response

I just forwarded it to Dino who replied almost instantly I looks like Thomas Hickey is dealing with her claim, so I've forwarded the email to him.

It looks like he is an ok guy as well? We'll soon see anyway

No answers yet unfortunately

I appreciate Krysta's probably unbelievably busy but if we don't get a reply by the close of play today I'm going to try Dino

My girlfriend tried ringing Krysta this morning but she also got the answerphone She is limited to how many calls she can make whilst at work and cannot take incoming calls so we've just emailed her asking if she wants to settle the case.

Fingers crossed now

Thanks to you both. I'll let you know how it goes tomorrow

Thanks Kashie. I'll get my gf to ring tomorrow.

How do they react to the phone calls, are they fairly amenable? What info does she need to have to hand - claim ref, account number, claim total (including interest and court fees)?

Thanks in advance for any further help.

Thanks Saint

Hi all,

My gf's claim against Barclays has also been allocated to Cardiff County Court for 14th August. Can someone please let us know what steps you have taken and if anyone has had an out of court settlement:

Do we phone Krysta and ask for a settlement?

Do we send the instructions to proceed letter?

Do we need to do a court bundle?

All advice and help would be appreciated

Hi all,

Apologies in advance if I am asking questions that have already been asked but I have spent all day looking for the answers but am just getting more and more confused.

As seems to be common recently, my gf's claim against Barclays for just under £1500 has been defended by the bank via MCOL. We received the following letter on 2nd May 2007:

"To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the defendant lives or carries on business.

Please read the accompanying documents carefully. (the part about allocation questionnaire was crossed out)

All further communication should be addressed to:

Pontypridd County Court....."

This letter was dated 2nd May 2007.

We then received another letter saying that the case was being transferred to Cardiff County Court. Then another letter was received from Cardiff CC:

"Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10:30am at Cardiff Civil Justice Centre, 2 Park Street, Cardiff CF10 1ET.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

This letter was dated 12th May 2007.

Quite frankly we're stumped now. Some people have said to get the Court Bundle in within 14 days of this letter (obviously too late now). Others have said try contacting someone in Barclays directly, as they tend to settle now a court date is set. Yet other people have said write a letter to the court with how you want to proceed?

I could really do with some advice on the next steps to take pretty please

Thanks in advance,

Mark.