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Beefy Vs Barclays (so I can pay off HSBC!)


beefykoala
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Yo y'all.

 

So I've got my statements, sent of the initial letter to Big Bad Barclays, got the fob off letter, sent of the letter before action, and now I've just received the Full And Final fob off for half of what I'm claiming.

 

I know I've got to write to them to say ta for the wonga but I want the rest too, but is there a letter template for this? I wanna get it right. And do I write to them giving them more time or do I just go ahead with my court thang?

 

Cheers financial ears

 

Beef Xx

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Just go on the lines of:

 

I am accepting your offer of £XXXXX as partial settlement of my claim, I am not willing to accept the offer as full and final settlement of my claim.

 

You have a further 7 days to remit the total amount of my claim to me, and if you fail to do this within 7 days i will start court action blah blah blah

 

Hope this helps

 

Claire xx

On me way to court woooohoooooooo :D :D :D

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Guest Mumofthreeboys
I know I've got to write to them to say ta for the wonga but I want the rest too, but is there a letter template for this? I wanna get it right. And do I write to them giving them more time or do I just go ahead with my court thang?

 

Cheers financial ears

 

Beef Xx

 

Hi Beefy, no there isn't a template letter, just make one up youself. You gave them 14 days notice in the LBA - go straight to MCOL :D

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Thanks!

 

How's this:

 

I am accepting your offer of £100 as partial settlement of my claim, I am not willing to accept the offer as full and final settlement of my claim.

 

As you have not complied fully to my requests within the 14 days set out within my letter of Thursday 20th July 2006, I will now commence court action for the full payment of £235 plus interest and costs.

 

Yours faithfully,

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Bit confused on the MCOL thing. Put me as the claimant, the branch I joined of Barclays as the defendant, and this as the details of claim...

 

My action is on the grounds that I had a

contract with the defendant bank which was

conducted on their standard terms and

conditions. I am claiming the return of money

taken by the defendant in the way of charges

over the last 6 years. The bank's charges are

a disproportionate penalty and therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms

in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify

their charges but they have declined to do so.

 

I am also claiming interest at a rate of 8%

on the penalties, totalling £47.38.

 

...is that ok?

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Ok I found the official wording on the interest and the claim bit, and I've now sent it all off.

 

What happens if Barclays now offer me the full amount before they are made aware of the claim? I want to get the £30 back for the moneyclaim costs and it would be nice to get the £40 odd interest too. Do I just turn it down until they pay up the new full amount?

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  • 2 months later...

Right, so I got an offer in full and final settlement from Mr Keith Jeremiah for the amount I was asking... but he wants me to sign some consent order that says:

 

Consent Order

 

By consent it is ordered

 

1)The default judgement entered on 20 sept be set aside forthwith

 

2) The defendant serve a defence within 14 days as from the date of this order

 

3) There be no order as to costs.

 

Is this ok to sign?

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When was your court hearing due to be held, if it got that far? Was there judgment by default?

 

Someone else had something similar at the end of last week/early of this week and, provided they pay your charges + Interest + Court Costs, then it's fine to sign.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 2 weeks later...
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