Sazafraz v Barclays

[sazafraz]

Right, I'm ready to send my court bundle but do I have to highlight the bits I shall be using for my case or not? Is it enough to just get the bundle ready?

[essjaysea]

I would just send the bundle as it is. The chances that anyone will actually need to refer to the legal arguments are remote to say the least, as Barclays will almost certainly settle prior to the hearing date

[sazafraz]

I sent my bundles on 3rd jan 07:

1 recorded delivery to barclays, and 1 to the court that I handed in personally.

Since then I've heard nothing, my court date is 7th feb 07. Should I contact Barclays and see if they're willing to settle, or leave things as they are?

Thoughts would be appreciated as always!

[Welshman]

They'll be in touch with you within the next 10 days or so. I'd suggest leaving things for the time being then re-assess then.

[sazafraz]

Hi everyone,

I REALLY need some advice immediatiately. A lady from Barclays has just been on the phone asking me why I have put down 2 lots of interest. One is '8% interest on penalties' and the other is 'interest on penalties'.

I couldn't answer as I had just come in, so I explained and said I would ring her back this afternoon after I had looked at my documents.

Could someone please remind me what the interest bits are e.g.

1. 8% on penalties

interest on penalties

8% interest on penalties.

[sazafraz]

Someone please respond - I need help and answers to the above.

Also why is she asking me, surely she knows what they are for?

[sazafraz]

Can anyone help me please...... with the above problem?

I know you're all busy, but I don't want to mess up at this stage. Any advice would be great, thankyou.

[argyle]

Hi Sazafraz.

Did you claim the interest that had accrued when the bank charges were applied and then when you filled in your Mcol add the 8%.

 

Sounds to me like you have claimed bank charges + the charges interest and the 8% interest you can claim when you goto Mcol.

When you have a bank charge applied the banks add an interest charge on normally around 27% along with the charge.

I reckon thats what you have done.

 

Argyle.

[sazafraz]

Thankyou for your help Argyle but I'm sorry to say that I am still confused.The lady wants to know why I have claimed for 2 lots of interest. The interests in question are listed on my schedule of claim for charges sheet as:

1. 8% on penalties, and

2. Interest on penalties.

Am I right in thinking that the '8% on penalties' is the interest I am entitled to claim under sec. 69 of the county courts act 1984, and that the 'interest on penalties' is the overdraft interest that barclays have charged me on the penalties they took?

The lady is talking about starting settlement, so I need to get this bit right.

I know I must sound thick, but please help ,

Thankyou.

[dar£n]

try sending a personal message to Welshman or Bookworm, theyve been there, theyd prob be the best to advise, if not theyd know who would be.

good luck

[argyle]

Am I right in thinking that the '8% on penalties' is the interest I am entitled to claim under sec. 69 of the county courts act 1984, and that the 'interest on penalties' is the overdraft interest that barclays have charged me on the penalties they took?

You hit the nail on the head Sazafraz with the statement above.

That is how you should explain it to Barclays.

Good Luck.

Argyle.

[sazafraz]

I have settled with Barclays for the sum of £1,957.82. They are sending me a form to sign, and when I return it to them they will issue my cheque. So my next step would be to wait until I have the cheque, and then tell Kendal County Court that I have settled with Barclays, am I right? Please let me know.

I just want to thank everyone for their time and help:

The moderators who got this site running so that we could get justice, and the people who take the time to give advice and help when needed, in particular,

Sarahwarren, blueskies, rooster-uk, bigblue one, Michael Browne, VillaBurd24, Miss Picles, Vampiress, Overdrawn, Victimnomore, Welshman, Argyle, Pauldean, gel1, Spotted dog, essjaysea, and Dar3n.

You are all invaluable and I am grateful to each and every one of you. Good luck with all of your cases,and I will happily make my donation when I have my money.

Sarah.

[dar£n]

Excellent news Sarah, Congratulations, see all that nail biting paid off in the end.

All the best

Daz

[argyle]

Well Done Sarah.

Great news i'm glad things have worked out for you.

Finally enjoy your money.

 

Argyle.

[sazafraz]

ok I;ve got the full & final offer letter which they emailed me, and I'm ready to sign - just wondering about the bit which says

"By accepting this offer you also agree that the existance and terms of this offer are confidential between us".

Does that mean that I'm not allowed to tell anyone about it? and if I don't agree to basically keep my mouth shut that they won't pay me?

[Michael Browne]

You don't have to agree to any conditions whatsoever, instead of signing theirs send your own:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[sazafraz]

Can someone tell me the address to send a donation please?

thanks

Sarah

[Michael Browne]

You can donate here with a credit/debit, maestro, switch, electron card.

 

Top of this page click on left hand gray bar.

[sazafraz]

recipients email address?

[Michael Browne]

Sorry link I gave you takes you to the wrong page.

 

Top of this page claick on left hand gray bar.

[sazafraz]

It's ok thanks Michael, job done I've donated.

Thanks again to this great site and all who helped me.

Keep going with your claims, if I can do it anyone can !

Love Sarah.