Stevie T v Barclays ***VICTORY ***

[Stevie T]

Yes, paginating properly is a pain in the neck!

 

Right then an update:

Oddly, and I don't know if this has happened to anyone else, I got given a court date in January but the judge wanted my bundle yesterday - what an effort that is! Thanks hugely to Bookworm and jonni2bad for their immense work on this - where would we be otherwise?

 

I delivered my bundle to the court by hand yesterday (1 hour before the deadline - bad boy).

 

I've just come home from work and there's a letter from Barclays. IT IS NOT A COPY OF THEIR BUNDLE, but something quite, quite different...

 

So it seems that Barclays might be getting bored of the whole thing too? They haven't offered 100% yet, more like 85 - I can't work out how they've got to the figure they've got to, but they've clearly done some sort of calculation cos it ends in xxx2.08. Thing is, have they even bothered to send a bundle to the bank? They carefully waited to make their offer on the bundle deadline day? Can't wait to ask the court... if they haven't then I win automatically don't I?

 

Maybe this is all another false dawn, but I'm very hopeful now that the end is very close indeed!

 

Tracy, Austen P - sorry, I thought you were going to beat me to it!

 

Sleep well!

 

Stevie T

[caro]

Don't even consider accepting it Stevie. Phone the court to check if they have received the bundle, and if not ask if that might be grounds to have the defence struck out as Barclays have failed to comply with the courts instructions. If the defence is struck out then you will win by default. I have to say I am not 100% on this so check with the court.

 

Whatever you do, don't settle for less than the full amount.

[Mrs Charlton]

Wow Stevie you weren't kidding! That is quite an update!! I'm SOOOOOOOOOOOOO jealous!

 

Have you rung the courts yet> Have ya? huh? Huh? HUH???!!! I'd be counting the seconds til the office was open and have the number ready just to press 'call'. LOL.

[Stevie T]

I posted a long reply and the computer logged me out cos I took too long! Grrr!

[Stevie T]

Right, try again.

 

The court haven't yet registered that either bundle has arrived and think this will take them 5 days. I know they have mine cos I delivered it in person (and very glad I did now!).

 

So, I won't find out what Barlcays have done until the deadline for responding to their offer has passed. I propose faxing them as follows:

 

Dear

 

Thank you for your letter of 15 November 2006 in respect of my claim, above. I appreciate your offer to settle this matter out of court and, in principal, am happy to settle the claim without any admission of liability on the part of Barclays.

 

I would be grateful if you could clarify how you came to the figure that you have offered (£####.08). I cannot see how this figure corresponds to my claim.

 

You will recall that my claim was for £####.38 plus costs of £120, which have since risen to £220. With statutory interest at a rate of £0.## per day since # ### 2006, as of today my claim stands at £####.46.

 

In addition, since submitting my claim Barclays have applied 4 further charges to my account, totalling £120.

 

As your letter states, you regard the sum at issue as relatively modest. [Yes, they really did say that!] I would therefore be grateful if you would agree to settle at a total of £####.46, a figure that is genuinely full and final.

 

I look forward to hearing from you.

 

What do people think?

Should this be sent without prejudice? Their offer letter wasn't.

 

They also wrote: 'We consider that your claim lacks merit and that it will fail.' - so why the offer, eh? Ha!

 

All advice welcome and many thanks for people's continued help!

 

Cheers

 

Steve

[austenpowers]

Stevie T,

 

You lucky beggar!!! Your letter looks fine to me but maybe best to wait for a more expert opinion. There have been a few recent examples of Barclays settling a bit sooner lately, so maybe this is a change in tactic on their behalf? Who knows, but let's hope you receive the full amount very soon. I sent my bundle to Barclays yesterday so let's hope that triggers a similar offer to me very soon.

 

Fingers crossed! (for you and me and everyone else!)

[TANZARELLI]

Hi Stevie T

 

Looks like you got them on the back foot mate. I would say they will ok you request now. Its near the end of your journey now (unles they have charged you any more in the mean time) Letter looks fine to me.

 

Keep us posted.

 

Tanz

[brussels1]

Barclays did the same with me - agreed to pay up in full on the day their bundle should have been delivered to the court.

 

I accepted and crossed out the bit about the confidentiality. That was on Wednesday 15th Nov. I still haven't checked if they have paid the money into my account as i never use it. I don;t have a cash card etc. I suppose on Sturday I will go into the bank and ask a cashier if the money has been paid in.

 

Stevie T - Stick out for the full amount and well done.

[ellsbells]

Just noticed this thread - will watch with interest and keep my fingers crossed you get a full and final settlement before Christmas! Letter sounds good to me - but I'm just an inexperienced newbie, so don't take my word for it!

[Stevie T]

Thanks guys! I wonder why they've offered Brussels payment in full and offered me a 'full' settlement £500 quid short of where they should be?

 

Any advice on whether my fax should be without prejudice?

 

Steve

[mafflondon]

Good luck Stevie!

[caro]

Right, try again.

 

The court haven't yet registered that either bundle has arrived and think this will take them 5 days. I know they have mine cos I delivered it in person (and very glad I did now!).

 

So, I won't find out what Barlcays have done until the deadline for responding to their offer has passed. I propose faxing them as follows:

 

Dear

 

Thank you for your letter of 15 November 2006 in respect of my claim, above. I appreciate your offer to settle this matter out of court and, in principal, principle not principal am happy to settle the claim without any admission of liability on the part of Barclays.

 

I would be grateful if you could clarify how you came to the figure that you have offered (£####.08). I cannot see how this figure corresponds to my claim. Who cares how they came up with it. You are only interested in 100% so don't give them an opening to discuss the amount here. Leave this paragraph out.

 

You will recall that my claim was for £####.38 plus costs of £120, which have since risen to £220. With statutory interest at a rate of £0.## per day since # ### 2006, as of today my claim stands at £####.46.

 

In addition, since submitting my claim Barclays have applied 4 further charges to my account, totalling £120.

 

As your letter states, you regard the sum at issue as relatively modest. [Yes, they really did say that!] I therefore require a total of £####.46, the figure that is genuinely full and final as of todays date, and increasing at a daily rate of xxp. Failure to do this within 7 days will result in me contacting the court for advice on how to proceed with my claim now that you have failed to submit your bundle by the date instructed by the Court. I believe that this may result in your defence being struck out and me being awarded judgment by default, although that is of course for the Judge to decide.

 

I look forward to hearing from you.

 

What do people think?

Should this be sent without prejudice? Their offer letter wasn't.

 

They also wrote: 'We consider that your claim lacks merit and that it will fail.' - so why the offer, eh? Ha!

 

All advice welcome and many thanks for people's continued help!

 

Cheers

 

Steve

 

Amendments in red. Unless you feel you have something to hide in this letter I have no idea why you would not want the court to see it, so I see no reason for it to be Without Prejudice. This is only a suggestion but I think you are in a very strong bargaining position

 

 

Time to get tough. I suggest that you fax this to them this afternoon so they have 7 days from today, and put the original in the post.

[Stevie T]

Hi Caro,

 

Thanks for your help! Principal/principle oh dear, oh dear! Shocking spelling!

 

Good points well made and I agree regarding the without prejudice comments, I couldn't think of a reason either. Don't know whether or not they've sent a bundle in, but will include something similar to what you suggest.

 

Thanks!

 

Steve

[caro]

Didn't the court order them to send a bundle to you, and you haven't had it, so they haven't complied, or have I missed something? Amend the letter as you see fit and necessary.

[Stevie T]

You're right. I've received nowt from them, so I sent it pretty much as you suggested and wait response.

 

Cheers

 

Steve

[caro]

Faxed?

[Stevie T]

Hi Caro,

 

Yep. And they've phoned. They don't want to pay the interest I've asked them for (not the 8%, they're happy with that)... so I've asked them to think again. Long conversation, not very satisfactory.

S

[caro]

Well they can always let the judge decide on the interest.

 

If they phone again ask them for everything in writing unless you have recording equipment. Email or fax, whichever you prefer. You don't want to say something you later wish you hadn't, or miss anything they have to say either. It gives you time to think about it, and seek advice if you want it.

[austenpowers]

Hi stevie

 

I got home last night to find I too have one of these letters, are Barclays going all soft on us? there's almost 4 weeks to my hearing. The only discrepancy with mine is they have omitted to add on the daily rate of statutory interest since the claim was made so I will be making sure they add that on to the final amount. And one other sticking point, they are insisting the money is paid into my account with them. Slight problem here, the account has been closed!

 

Will keep you updated and will let you know when I actually receive my money.

 

Tracy - any sign of your letter yet? If not I think you can expect one any day soon.

 

Good luck to everyone, stick with it and your day will come.

 

p.s. they think my claim of over £2k is a modest amount too! It may be to them but it certainly aint to me!

[Bookworm]

I think the 80, 85% offers are a cheap pre-xmas trick, trying to cut their losses. They know people need money now more than ever, and make an offer which is that little bit more tempting.

 

Hang on in there. If they phone again, and you feel out of your depth, just tell them that if they're only phoning to haggle, you're not interested, and to put their offfer in writing, and that you are ending this conversation now, and put the phone down. They're trying to wear you down.

 

Incidentally, don't advise the court your claim is settled until the cleared funds are in your account. Barclays will try to tell you they want the letter sent to the court before they authorise the transfer. It's not their call. I faxed them an unsigned copy of mine, clearly advising on the fax cover page that the original would only go to the courts once I had the money. Mind you, they were running out of time fast by then.

[Mrs Charlton]

Oooooooooooooh this is so exciting!!! I am looking for the postman out the window as I type, wheres my letter???? LOL.

 

In fact, I've spent the past few days typing and copying and hole-punching so NO, don't want a letter anyway (sulk sulk mutter mutter) because its been hard graft getting it all done with a 2yr old and 2week old baby and I at least want to send the bloody bundle now I've done it LOL.

 

I think Bookworms comment about getting the offers in before crimbo is bang on, how many people struggle at this time of year? And how tempting to some folk whose hearing dates aren't until end of Jan who can't afford pressies will an 80% offer look?

 

Grrrrr its so underhanded it makes my blood boil.

[Stevie T]

Yes, I think you're all spot on!

 

I've not heard back from the bank since I sent them away on Friday to reconsider. Our disagreement is over the amount I am claiming for interest on the charges (not the 8%) - they are saying a figure can't be proved, which I know and I am saying that it's a contribution. Do you think it's worth me sending a fax to encourage them to settle or do I just need to sit back and wait til January?

I rang the court and Barclays submitted their bundle yesterday - 5 days late. I wish they wouldn't show such contempt fopr every deadline. It only serves to wind me up more and there's nothing we can do or say. still haven't got my copy yet but I can't wait to see what they've got to say!

[caro]

If they haven't paid by the deadline do as you have told the bank you will do. You did not get your bundle on time, indeed you still don't have it, and point out that it was sent to the court late, and you could also mention that you gave them the opportunity to pay without wasting more of the courts time.

 

Keep the pressure up. You could just fax a reminder on Thursday that they only have 24 hours to avoid you taking the action you mentioned in your letter, but not yet. They've already been told.

[mark-uk]

Hi do you have a telephone number for the dept that called you thanks.

[Stevie T]

It was Litigation and disputes - 020 7116 5634, but if you phone them do take note of Caro's comments above and take care! good luck!