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matd

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Everything posted by matd

  1. Wondering if anyone could recommend a good garage in Norwich - preferably within the outer ring road. I don't really know a lot about the mechanical side of cards so I'm worried about being ripped off (as I suspect I have in the past, though can't prove it). Any tips for not getting ripped off in the first place? I sometimes think they can see me coming!
  2. matd

    Craftiness?

    I've typed out my own Letter of Satisfaction. How does this sound? The Court Manager Norwich County Court The Law Courts Bishopgate Norwich Norfolk NR3 1UR Dear Sir or Madam [me] -v- BARCLAYS BANK PLC CLAIM NUMBER: ##### JUDGEMENT DATED 8th JANUARY, 2007 The sum of £1541.75 in respect of the claim number ##### was paid by the defendant on 5th February 2007 This letter is the claimant’s formal Letter of Satisfaction. Signed …………………………………….. My Name Address Dated ……………………………………… CLAIMANT Was going to look up a Letter of Satisfaction template in my Patricia Pearl book, but I've lost it! I'm sending a copy to the court and a copy to the bank.
  3. matd

    Craftiness?

    I won my court case, had all my charges post 2000 refunded - hurray! Now I intend to try and get back the charges prior to 1999, though there's something I need to check first. The other day I had a letter from Barclays' lawyers asking me to sign a letter of satisfaction and send it to them to pass on to the court. Surely it is my responsibility to inform the court and shouldn't be anything they need to be involved in? Secondly, I'm wondering if they are trying to get me to say in writing that all of my charges with them have now been settled, so I wouldn't be able to claim the rest at a future date. Here's the letter they've asked me to sign: [Court's Address] Dear Sir or Madam Me v Barclays PLC Claim Number: # Judgement dated: date This letter is formal notice taht Barclays Bank plc is no longer indebted to [me] pursuant to a Judgement obtained in the Norwich County Court under claim number ####### on date. This letter is the claimant's formal letter of satisfaction confirming that the indebtedness was paid in full on ........................ Signed Dated CLAIMANT Is this a fairly standard letter, and will I be able to send it without painting myself into a corner regarding any future claims? In any case, I'd feel more comfortable delivering the letter to the court myself and then sending a copy to the laywers, rather than signing something they've drafted themseves. What do you think - am I just paranoid?
  4. The letter worked!!! Cleared funds arrived in my bank this morning - will donate asap! The moral is - stick to your guns and don't give up!!! Next stop...charges from 1993 to 1999!
  5. Thought I'd check the letters through (both the one from Barclays and the one kindly drafted by Michael) with a legal advisor at the CAB. With their advice, I have modified the draft letter. Basically the consent order is them trying to clear their name (and credit history) - they have no right to ask conditions of me before they pay what is owed. The Judgement states that the money be paid "forthwith" ie the court orders the money to be paid immediately (usually used in cases where the debtor may remove assets prioir to the bailiffs turning up). Barclays are basically bargaining when they have no bargaining power. They haven't had the decency to even bother responding to the court claim in the first place and I shouldn't be entering into discussion about what the court has ordered them to pay anyway. If there is any dispute, or complaint, it should be dealt with through the court. I'm going to send this letter and enforce if I don't hear anything by Tuesday: ---------- Wednesday, January 31, 2007 By Royal Mail Registered Post, 1st Class Re: Your Offer of Settlement ACCOUNT NUMBER: xxxxxxxx SORT CODE: xx-xx-xx Claim No: xxxxxxxx in The Norwich County Court Dear Mr Papaevripides, I acknowledge receipt of your letter dated 16/01/07 and your settlement offer of £1541.75. Please note that the Judgement for Claimant (in default), which was entered on 8th January 2007, states quite clearly that the total amount be paid forthwith. This is not dependant on any condition that you may choose to impose and must be paid immediately. If I do not receive full payment (in cleared funds) by 5/2/07 I shall enforce the Judgement. Yours Sincerely, Matd ------------------- I thought that the 5th would give them enough time to receive my letter and credit the funds to my account.
  6. Thanks for posting that. The only thing I don't really understand is the paragraph relating to confidentiality. Unless I've missed it in their letter, they don't make any reference to confidentiality, unless it's the "without prejudice" bit?
  7. Got a reply this morning, a week after the bank received notification of the judgement in default. It looks like I've won! But I need some help with the reply...what am I signing away? Here's the edited text: WITHOUT PREJUDICE Notwithstanding the fact that we had not filed a defense within th eprescribed time, we are still entitled to make an application [for set aside]... I propose to offer to settle your claim in full. However I would be obliged if you will agree to: 1) The sum of £1541.71 is paid in full and final settlement of your claim ########; 2) There will ba a voluntary Stay of Execution pending payment; 3) That upon receiving payment you write to the court stating that you have withdrawn your claim pursuant to a settlement between the parties; 4) That you consent to the Default Judgement being set aside; The sum will be credited to your Barclays account; ...it does not imply any acceptance of liabilty on the part of the bank. I enclose a draft consent order setting aside the default judgement. Please sign and return this to me and i will arrange for it to be filed at court after your account has been credited. You will see that it makes reference to us filing a defence to your claim within 14 days. This will not be necessary as we intend to pay you in full, but nevertheless needs to be mentioned in the Order. Please sign the enclosed copy confirming your agreement and return...once i have receieved these dcuments i will arrange for the funds to be credited to your account. bla blah dino papaevripides - legal clerk --------------------- this is the letter to be signed: in the county court between me and barclays plc CONSENT ORDER BY CONSENT IT IS ORDERED 1) The default judgement entered on 8 January 2007 to be set aside forthwith; 2) The defendant to serve a defence within 14 days as from the date of this order 3) There will be no order to costs ----------------------------- Ok - couple of points. 1) I know they are paying straight into the account in question, but it is £4 in crdit, so there is no overdraft on it. Should I ask for them to pay it into the account of my choice/ask for a cheque? 2) They mention full and final settlement with regard to this particular court case ######. The particulars of this claim quite clearly specified that the term of the claim was from April 2000 onwards. Even though I am accepting full and final settlement of these post-2000 amount - can I still claim for the pre-2000 charges as they are not mentioned anywhere in the claim? 3) Is there anything dodgy at all about the letter they sent, any gotchas, or is it all above board and trick-free? 4) Bit worried about the second point in the consent order about the defendant serving a defense - and barclays saying "oh it's ok, just ignore that it's not important!". Should I draft my own consent order (if so, what is the text to use) omitting point 2? It looks a bit sly to me as it stands! This is I need the full amount as soon as possible for a deposit on a house I'm buying, so the settlement came at the right time! That's why I don't really want to fanny around demanding that it's paid into the account of my choice as it may delay the payment...time is of the essence! Thanks to everyone that has helped with my claim!!!
  8. It's been over a week since I handed in my form to request judgement in default. 1) Should the court have sent something to me by now to confirm this? 2) What happens now? The court said that yes, the bank could apply for a set-aside, but that it doesn't look good for them that they haven't made any further contact. Surely I can pay to enforce the order (bailiffs etc) 3) In any case I'll call the bank early next week and ask if they want to settles for the full amount. Any tips on how to approach this?
  9. I'm going to take in the "Request for Judgement" form to the court now (I'm actually a week past the date that Barclays should have responded but the court only re-opened yesterday). I spoke to the court last week and they said they will send me an enforcement pack when they get my request form. Barclays can apply for a set-aside which could delay payment by 2-3 months, but I could always call them to ask if they settle. re: calling barclays to ask if they'll settle. The woman I spoke to at the court said this is a good idea, but I should hand in my request for judgement first so I have something to back up my position. Not sure if this means that I should call Barclays as soon as I've handed in my request for judgement form (today) - I'll ask at the court.
  10. So will I get a letter from Barclays or the Court, or do I have to ring the court to find out?
  11. Got a letter from the court telling me that Barclays have until the 21st (this Thursday) to respond to my claim. I'm assuming that if I get to Thursday and there is no response, then I can enter a Judgment in Default? Does this mean that the claim doesn't go to court because they forfeited their right by ignoring the letter? Anyway, if a response from Barclays doesn't arrive on Thursday, what should I do next? Would Barclays write to me, or do I have to ring the court to find out if they've responded? I guess that then I fill out the form attached to the letter and hand that in to the court.
  12. Thanks Michael (to the rescue again!). The N1 was finally filed yesterday - now I just wait and swot up on my Patricia Pearl book!
  13. There used to be a useful link to a dummy N1 form to help with filling out at http://www.cag-files.co.uk/zooman/dummyn1.pdf - but I'm just getting "Not Found". Do you know if it's available anywhere else?
  14. Sorry to bump, but I really need some help from someone with the above as if I can't file today I'll have to leave it a week. Many thanks
  15. OK - time's up, and I really need some advice filling in my particulars of claim. I'm going to claim for compounded contractual unauthorised at 27.5%, should I claim 9.9% compound contractual (the authorised) rate in the first alternative and statutory s69 simple 8% as the last resort? (one thing that slightly concerns is that if I claim for 9.9% then I'm implying that I authorised them to take the money). Or should I just claim for unauthorised and s69 in the alternative? I'm using RedSue's template for section 5 of the particulars: As I can only enter one amount on the N1 form, do I enter the higher of the amounts that I'm claiming? (i.e. £1385.35) I'm attaching the google spreadsheet/schedule print out, the particulars of claim and a list of the letters that were posted by myself (at a cost of £1 per letter) to the N1. Have I missed anything else out? Do I need to do two more copies of everything to attach to the other two copies of the N1? Thanks for help - I'm filing it at the court tomorrow morning! p.s. is £1 a letter reasonable a cost to claim for (postage and envelopes etc)?
  16. Because the standard letter makes reference to charges only - because i'm claiming contractual interest from the off (not statutory interest at court stage) I wanted to add it in.
  17. Just a quickie - anyone around able to tell me if this looks OK? I've changed the wording of the standard rejection letter slightly. You'll note that I haven't updated the amount to today's date (referring instead to the previous letter), but indicated that the interest is still accruing in the meantime.
  18. Thanks Michael - that's really helpful. Lo and behold, I received a "very, very, sorry you're unhappy, have £180 because we're so lovely and now go away" letter this morning. Their deadline until N1 stage expires in 2 days, so I guess it's "Rejection of Offer" letter and plough on regardless. Edited to Add: Just looked at the wording of the Rejection of Offer letter and it only really refers to the charges being claimed back: Again, as I'm claiming contractual compounded interest, I suppose should really clarify this in my response, e.g.:
  19. I'm filing my N1 on Friday (the deadline expires on the Saturday but I think the court is shut then - I'll check) but just wanted to check the wording of the particulars of claim as set out in the templates section (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html) Point 5a - the "any interest" - that refers to the interest on bank penalties? Not the compound contractual interest? Should I actually put down the full total amount I'm claiming (as I'm not claiming s69 interest), or just the part which are the bank charges? Point 5b just says "Court Costs" - presumably I leave this as is and don't need to fill in a figure? What about other expenses such as postage and recorded delivery - do I list those in my POC? Point 5c - this is relevant to s69 interest only. I am claiming for compounded contractual interest - how would I word that in my Particulars? Lastly - do I also include a copy of my spreadsheet (schedule of charges) with the N1 or does this only need to be included in the bundle I send to Barclays prior to an actual court date?
  20. Using the spreadsheet date method, it's 90p a day. Sound about right?
  21. How did you work out yours? When I send off the LBA, I was going to update the "today's date" field on my spreadsheet to the date that the LBA is sent to get the latest amount.
  22. Don't really understand what you mean by this^
  23. Bum! I drafted the letter and sent it off, but I forgot to change the daily rate of interest from the template that Louise sent me. I left 0.06% as the daily rate. Do I just take the APR and divide by 365? (i.e. 27.5%/365 = 0.075%)
  24. Thanks for your help Michael. I got a message from Mcuth about the October 2004 thing and it was just a typo, phew. That's the letter that I'll be sending tomorrow. Finally, the game is afoot! Now I just need to read through Patricia Pearl's book to prime myself - I hope it's not too heavy a read :grin:
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