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ewgm

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  1. Thanks @slick132 I will accept in principle but pending on terms and conditions of Tomlin Order. I will feedback once I receive it. All so far ewgm
  2. Hi @slick132 @Andyorch Barclays solicitors contacted me today asking whether I am willing to accept their offer but their client insisting on this condition; "........... the claimant hereby immediately, unconditionally and irrevocably withdraws and releases any claim, complaints, commitments, obligations, liabilities or issues (if any) howsoever arising against the defendant and its agents and representatives, arising out of or in connection with the claim." I did reply their first email and insist should only be applicable on the account which I claimed, but still Barclays insist on the statement above. Also, in our joint account my Mrs sent a formal complaint about the account's mismanagement. I don't want to accept something which might cause problems in the future. Please HELP!!!!!!
  3. Hi @slick132 The amount is closer enough to my claim total and considering to accept it. But with those conditions attached I'm thinking kind of selling my rights, isn't?
  4. Hello @Andyorch, @slick132 and @martin2006 I'm back again for another update on the claim. I have received the court date for healing which is in the 2nd week of January 2017. I have paid the court fee for hearing on Monday. Today I have received another offer from Barclays solicitor contains this statement; "....... in full and final settlement of all and any claims that the Claimant has, had or may have against the Defendant in connection with the facts and matters raised in the Claim and any other matter arising out of or connected with the relationship between them, whether or not presently known." "...hereby immediately, unconditionally and irrevocably withdraws and release any claims, complaints, commitments, obligations, liabilities, or issues (if any) however arising against the defendant and its agents and representatives, arising out of or in connection with the Claim and/or any other matter arising from the relationship between the Parties." Please help me what are they intent with those statements? Bear in mind that I'm still holding personal and partners account with them. I have also file a complaint to Financial Ombudsman Service against Barclays for charges error on my personal account. My main concerns is violation of my rights in the future, please help ewgm
  5. Hi @slick132 The mediation team sent me a letter and advised that I will receive court directions within 8 days but I have not received anything yet. Thank you Sir for the directions and I will update you once I complete the court bundle process. Rgds ewgm
  6. I have also noticed that I took the Barclays solicitor offer very personal. I have to come down now and took this matter more objectively. Thanks @slick132
  7. Hi @slick132 Im also thinking of attach the copy of the letter to the Bank CEO and express my concerns on their solicitor or to tell the solicitor from what I saw on the terms attached to offer Im not willing to engage with her in negotiation any longer unless they come up with serious offer. Please could u give a direction on how to point out and address this matter perfectly. Many thanks ewgm
  8. Hi @slick132 That is exactly where my concerns are, at the moment. Tactically, I'm required to reply their letter as they might use it as additional evidence to the court. There is also a line states that once I accept the offer then the bank will pay it within 28 days, whilst usually the normal time is within 14 days once the offer is accepted. I need shows that the terms and conditions attached to the offer was not in the spirit to settle my claim amicably as well as violating my rights. Please could u give a direction on how to point out and address this matter perfectly. Many thanks ewgm
  9. Hi @slick132 They are not willing to settle in full as per POC. I also still banking them which I think might violate my rights in the future. What's your opinion on this case, should I accept it and change the bank??
  10. Hi @slick132, @andyorch , @martin2006 I have received the letter yesterday and I was shocked on what bank solicitor draft on the terms and conditions of the offer. Notwithstanding the comments made above the Bank recognises the commercial benefits (in terms of time and costs) of reaching settlement. With this in mind the bank is willing to make you the following commercial offer of settlement in respect of your current claim and/or all claim arising out of or in connection with your banking relationship with the Bank including any claim as to costs and/or interest.:-o Even if they would make an offer on full basis of my claim as to Particulars of Claim., I would not accept it with this conditions attached.
  11. Hi Cagger ( @Andyorch , @Slick132) Right! I did return the form and mediation was called last week Monday but failed to reach a satisfactory results. A week before mediation the Barclays solicitors wrote to me and ask to take charges on 8% without court fee not interest. I then refused their offer and expressed that I will only accept their offer on charges with restitution and court fees and interest basis. On the mediation day they come with the smallest figure than they offer previous by saying that default charges where for letters which I accept it on terms form. I then expressed to the mediator that OFT challenge banks on the matter and they failed to produce evidence whether the £22.50 reflect the actual costs of producing default letter. Then two days later, I took initiative to ask bank solicitors to pay the charges according to the basis of the POC or we have to wait for the matter to decided by the third part. I then received a email today that the bank has refused my offer and bank solicitor insists that in the mean time they are drafting a letter on an open basis which will be presented to the court. To my understanding they are going to make an offer which will be presented to the court with their court bundle if I refused it. What they want is to show the court that I failed to reach a compromise. So what should I do now, write them an open letter as well with my offer as the previous one was without prejudice? Thanks
  12. Hi @Andyorch Do I need to file a copy of N180 form to defendant?? Or I should just sent it only to CCMCC. Please advise me on it Rgds ewgm
  13. Hi @Andyorch & @Slick132 Yesterday I have received a letter from the CCMCC contained two forms attached together: General Form of Judgement or Order which states that, 1. Time for service of the difence is extended tp 4.00pm on 20th July 2016. Notice of Proposed Allocation to the Small Claims Track which asked me to take a note that this is defended claim and its appears that the case is suitable for alocation to the small claims track. Then by 15th August 2016 I must complete the small claims directions questionnaire (form N180) and file it with count court office(CCMCC) So is it means that I can not contest against N225 form that filed to the court. Or I should complete N180 and wait for them at the court. Your advice and contribution much appreciated ewgm
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