Barclays Bank Court Proceedings

[daftcow100]

Hi

 

I moved abroad about a year ago for work.

 

I had an amount of 25,000 overdraft with Barclays. They agreed to accept 10,000 which was all I could pay. They accepted this in full and final settlement.

 

I also had a 11,000 pounds loan outstanding to Barclays Bank on a bank loan taken out 5 years ago. The original loan was for 15,000, I have already paid back more than that in interest. This I was not was not part of the settlement and they would not settle.

 

I disputed the amount with them via a CCA and got back nothing.

 

Since I have moved abroad I have heard nothing from them for nearly a year. (My post is forwarded to me abroad by the new tennant that lives in my property).

 

Today I have been told that a court summons from Barclays has arrived at my old house. They are claiming the 11,000 + interest.

 

What do I do? Do I ask the new tenants to forward it to me ?

 

Please let me know.

 

I rung Barclays (not saying I knew about the legal papers) and their debt collection debt said that court summons had gone out to me. I explained I moved abroad a year ago. I offered them 4,000 in full and final payment and they said they would except 6,500

 

I dont want to have to come back to the Uk to defend this should I borrow the 2500 and pay it?

 

Any advice please??

[Lula]

Well if they never sent you a copy of the CCA then they are in breach of the law and you dont have to pay them, remind them that you sent them this and so as it stands at the moment, the debt is unenforcable.

[daftcow100]

Thank you.

 

Ok thats all very well but the court case will continue. I wont be there to defend it and will lose my default and then they will be chasing a proved debt which will be a CCJ.

 

Any other thoughts anyone please.....

[surfaceagentx20]

Rules governing service of civil proceedings permit service upon an individual by post at the last known address.

 

However, the rule has application only where the person to be served is resident in England and Wales at the time of service. Where the person to be served is outside England and Wales, a different code applies. In some cases the court's permission is required before service can be carried out. In other cases it is not. It all depends where you are living. Don't tell me here.

 

So a Claim Form has arrived through the post from Barclays. How do you know? Did the new tenant open the letter and then ring to tell you?

 

Either way, I recommend you ask the tenant to return the papers to the court saying that you no longer reside at the property and that you have moved abroad (without saying where, obviously). In turn the court will notify the bank that the papers have been returned un-served.

 

On being advised the papers have been returned the bank will be placed in the position of having to make reasonable enquiries as to the Defendant's proper address. The bank would be well advised to consider the consequences of proceeding to judgment in circumstances where it had reason to believe the papers had been delivered to an address in England at a time when the Defendant was overseas.

 

See: Fairmays v Palmer [2006] EWHC 96 (Ch)

 

x20

[daftcow100]

Thank you. I will do that.

 

One further question. I rung Barclays or a debt collection company answering as "hello" and then saying they are working on behalf of Barclays.

 

They now say they will accept the 4000 as full and final but will not send me a letter to say that till I make payment. I asked what happens if I then get a letter asking for more money and they said I wont and all calls are recorded.

 

I dont trust them. They said if I dont pay then they will proceeed with the case and enter judgement in default.

 

What would you do? Pay and take the risk or just ask the new tennant to return the papers to the court

 

Tahnks

[Multay]

There is a template on here somewhere for the F&F offer - There are some rules to doing this that you should be aware of but I can't find the links...Some use I am...hehe

 

Definately don't pay them without something in writing though...They will probably just come after you again if you do...

 

M

[surfaceagentx20]

I'm having to downgrade my suggestions about the 'bad service' status of the claim to 'potentially bad'. Here's why:

 

CPR 6.15 says:

(1) Where

(a) a contract contains a term providing that, in the event of a claim being issued in relation to the contract, the claim form may be served by a method specified in the contract; and

(b) a claim form containing only a claim in respect of that contract is issued,

the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract.

 

Paragraph 2 deals with the situation where the contract provides for service of the proceedings out of the jurisdiction.

 

Thus if the contract provided for a claim to be made in the circumstances set out at CPR 6.15(1), so long as service is in accordance with the contract terms, service will be good. The potential for it being bad is where the contract contains no such provisions.

 

I don't suppose you have a copy of the contract to hand? If you do, what does it say? If you do not, I wonder if any other forum member might be able to indicate whether it is likely your contract included such a term?

 

Don't go having the new tenant return the Claim Form to the court just yet.

 

I'll think about the payment in F&F before receipt of a written offer point and post later.

 

x20

[daftcow100]

Thanks

 

I spoke to them again and they are adamant they will not send an offer first. They say all calls are recorded and that they have told me 4 times that I must pay before they send confirmation of the offer.

 

I asked them what the big deal was sending it first and they said NO!

 

They also told me that the offer was only open to 9pm tonight and then it expires. Ive missed the deadline now.

 

Do i just ring them tomorrow and try and pay? Im just really worried that if I pay then they will come after me for the rest?

 

Any advice please

[daftcow100]

Thank you all so much for your advice. Im however really still unsure what to do. Any more advice please!!!!

[2Grumpy]

If they haven't supplied a CCA then maybe getting advice via CAG & a GB solicitor for the court would be cheaper. Have you mentioned the lack of CCA to Barclays? The payment before agreement is unreasonable because you don't know what you are paying for.

 

If the money claim was issued online then you could acknowledge service & enter your defence online

[Multay]

HI I found the letter - Not sure if you need this one though..I have also seen people being advised to make the payment of a F&F through a third party, I'm not sure why though - That is to get someone else to make the payment for you and you pay them.

 

Here is the letter....

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Re: 4563210025897412

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £775 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

Mr A N Other

I'm sorry I can't be of more help...Good luck with it all...M

[daftcow100]

Thank you all so much.

 

All is settled now. I got a fax and paid. Just wanted it over.

 

Thank you and good luck to all!!

[daftcow100]

Thank you all so much.

 

All is settled now. I got a fax and paid. Just wanted it over.

 

Thank you and good luck to all!!

[Multay]

Good luck and all the best....