Chris V Barclays Bank

[Cpt Black]

Ok, they've entereted a defence. Will receive the info in the post shortly

[Cpt Black]

Hi, just filling in my AQ, mostly ok but in the "dates not available" secton, I will have some exams in late april to early june which I cannot miss. Obviously its unlikely to get to that stage, but with the year I've had I don't want to take that chance!

 

I wont be able to find out the sates of the exams until (hopefully) some time next month but what should I put down on the form? I don't think it would be wise to put down the whole of the 6 weeks of the exam period with only 3 or 4 says where I have exams.

 

Cheers

CB

[Cpt Black]

Do I have to attach £100 with the AQ? I've read conflicting reports about this!

[kippy2]

without looking at rest of thread dont know how much your claim is for

 

under 1500 no fee

over 1500 £100 fee payable

 

hth

 

 

sorry just looked at your sig. no, no fee for AQ

[Cpt Black]

Hi, filled in my AQ, will post in the morning and will start compiling the docs this weekend. I was thinking of writing a short letter to the litigation guy at barclays trying to settle early as I am getting slightly desperate (rent due in a couple of weeks)

 

how does this sound:

 

Dear Mr.

 

I am writing regarding the upcoming court case at St. Albans County Court with the references stated above. In the spirit of fairness, I am still open to negotiation before litigation starts; however the time limit is now set by the courts as I have sent my Allocation Questionnaire and will be delaying no further.

 

I would be willing to accept a deal of £600.00, respect to the amount now having reached £652.52 including court fees and interest.

 

Yours Sincerely,

[Cpt Black]

Hi, I've rewritten this slightly and have come up with this:

 

Dear Mr. St. John

I am writing regarding the upcoming court case at St. Albans County Court with the references stated above. In the spirit of fairness and in expediting the matter, I would be willing to accept £600 as a full and final settlement with regard to the £653.15 which includes court fees and interest. However, I will not delay my claim until I receive conformation (in writing) that this offer has been accepted and a date for the payment has been agreed by me. I have confirmed that the courts have received my Allocation Questionnaire.

I would appreciate a response by the 20th March.

Yours Sincerely,

Hoping to post today or 2moro morning if its ok, seems ok to me - any suggestions?

 

Cheers

CB

[Cpt Black]

By the way, should I put "Without Prejudice" on the letter as its a settlement offer - where abouts on the page? Right at the top or under today's date. Also, I've put the reply date as 15th March

 

Cheers

CB

[Cpt Black]

Ok, preparing for court this weekend as I have some spare time. Just to check, I need 3 copies of the following:

 

• Statements where a charge is recorded (do I need the whole statement or just the relevant page, i.e. second page of a 3 page statement?)
  
• All letters sent to and fro (except settlement offers and replies to them?)
  
• Up to date schedule of charges (all charges up to time of filing at court, court fees and up to date interest)
  
• Do I just print out the court bundle and put in the right page numbers?

Anything else?

 

Cheers

CB

[Cpt Black]

Hi, i received this letter from the court, I think it just means I sit on my arse til the day but better check. I still need to send in my court bundle, will do that this week (only just got some ink after Easter)

 

TAKE NOTICE that the Hearing will take place on

 

18 June 2007 at 10.10AM

 

at St. Albans County Court

 

When you should attend

10 MINUTES have been allowed for the Hearing. The reason is that the legal issues and arguments raised by a claim of this nature make it unsuitable for the small claims track.

 

Please Note: This case may be released to another Judge, possibly at a different Court.

 

(CPR PD 51.2-supplement to Part 23)

The hearing of this case will take place by way of telephone conference.

The Defendant's legal representative is ordered to arrange the telephone conference.

Please quote telephone number (xxxxx)xxxxxx when arranging your telephone conference.

Time estimates for hearings must be accurate as they will not be allowed to over-run. In the event that a time estimate is insufficient then please contact the court. Please note that time has been allocated for the Judge to read all papers in advance of the hearing.

[Cpt Black]

Also, within the court bundle, the correspondance - is that just my letters to barclays as most of their replies include the miserly offer of £200 which I dont think a judge would like to see. At the moment, my letters (without settlement offers or rejections - or acceptance as part offers which barclays rejected) are my original request, LBA and one response from barclays saying they will look into it.

 

Please reply quickly as I want to sort this today.

 

Cheers

CB

[dickeggsy]

yup , the correspondense is all letters sent by you to the bank plus all letters received from them .

[Cpt Black]

ok cheers, am I right in assuming I shouldn't include letters with phrases like "I am willing to offer £200.00 towards the total amount you are seeking" as this would be prejudicial?

 

Cheers

CB

[Firecracker]

I included all my letters to them, and all the letters I had received, in chronological order, including their offer and my letter saying no thank you.

[Cpt Black]

Ok, tried phoning them today to discuss a settlement, tried three numbers but got through to a Kate Ashton. It seems its not high on their priorites as the hearing isn't for another 2 months almost (I can understand that, its good that they seem inundated!!)

 

I had to state my total claim, and I included the latest charges since filing with MCOL totalling £756.77 inc. court fees and interest. Kate said she would pass on the info to someone called Charlie who would put out a settlement letter within a few weeks.

 

Interestingly, I could overhear someone else on the phone talking about charges. Nothing useable though :-s

 

In the end, when you have a court date, its worth phoning to hurry them up - might work!!

 

Cheers,

CB

[Firecracker]

I think if you leave it until within 14 days they will settle for the full amount as they don't want to go to court. Any earlier than that (esp if they've not had a court bundle from you yet) I guess they are hoping you'll drop off...

 

Glad you got through though

[Cpt Black]

ok, court bundle all printed after a major printer malfunction!

 

2 questions, should I have a covering letter explaining thethe index, letto barclays, or leave it with just the index, letto barclays, or leave it with just the index, letto barclays, or leave it with just the index, letters, statements and cases etc?

 

2nd, do I send it to barclays head office or their legal team or somewhere else?

[Firecracker]

I did a witness statement which I found a template for on here.

 

I sent one to the county court and one to their legal team at Churchill Place, for the attention of the person named on the court documents.

 

It's worth forking out a little extra and sending them recorded too

[Cpt Black]

Hi. Where did you find the witness statement? I cant seem to find it on here.

 

I will send recorded, cheers

 

Thanks,

CB

[Cpt Black]

Hi, found it, for anyone else, its here:

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/82729-allocation-hearing-test-case.html#post742607

 

I also found this page very interesting and useful at this stage

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Cheers, CB

[Cpt Black]

Hi, I have received an offer to settle, I need to write to the court to let them know that I need to stop the claim. Barclays want a copy of this but I don't want to stop the claim until the money is in my account.I have tried to work in what I think will reflect this. What do you think? Or am I being unnecessarily cautious?

 

Cheers

CB

 

Dear Sir/Madam,

I take this opportunity to inform you that I have arranged to settle my case against Barclays Bank PLC. and have received the agreed amount. I therefore withdraw my claim with the above reference number from this point forward.

I have sent a copy of this letter with the signed settlement agreement to the Defendant prior to receiving any money, and as such, reserve the right to delay this contact until I am happy with the settlement and as such, should the settlement fail to conclude, this letter may not be entered as my agreement to settle.

[saintly_1]

Inform them that once the cleared funds are in your account then you will send the letter to the court ... its not upto them to put conditions on the settlement .... also if there is a confidentiality clause delete that and initial it .... if it says Full & Final amount ... add to this claim .. and initial it

 

Hope this helps

saint

[Cpt Black]

Ok, the part you refer to is in paragraph 2:

 

This offer to pay £762.73 is in full and final settlement of your claim and is strictly without any admission of liability on our part. By accepting this offer, you also agree that the existence and the terms of this offer are confidential between us.

 

I have put lines through the second sentence and initialed it - correct? Not sure what you mean by "add to this claim"

 

Should I write a letter to accompany this saying I will forward on the letter I send to the Court when I have received cleared funds or add a note? (I also said this in an email to the Barclays guy who sent this offer)

 

Cheers for the quick reply,

CB

[saintly_1]

This offer to pay £XXX in full and final settlement of this claim ..... thus if ever the need arose where you had to go through claiming back from them again this cant be used against you

[saintly_1]

Just add it to the above letter im sure they will accept it

[Cpt Black]

so just change the "settlement of your claim" to "this claim" Then stick a post script under my sig saying "My letter to the court will be forwarded on to you when the funds have cleared into my bank account"

Sounds reasonable.

 

Cheers,

CB