Barclays - WON - but reneged on agreement to pay. Suggestions Please?

[slick132]

I assumed that the amendments were written by Barclay's legal rep who subsequently signed the letter at the court.

 

[Rhinoagainstcharges]

Yes looking again does appear the Barclays solicitor made the amendment and agreed to it on behalf of Barclays, shame he/she did not sign by the amended amount but as we know the Banks solicitors were running around like headless chickens at that time agreeing to anything. Do Barclays realise this amendment was made by the solicitor however or have they reached the same (probably incorrect) conclusion as me

[Bartok]

It was their barrister that amended it because I didnt accept the original £1500 offer presented.

 

Barclays owed over £4000 on the original claim and constantly brought me down but I managed to agree £2000.

I was annoyed because the judge hinted he would have given me the full amount if I had asked for judgment, but I was so brow-beaten by Barclays barrister to settle out of court for as little as they could get away with.

 

The amendment was made with Barclays consent because the barrister was constantly telephoning 'head office' to get 'authorisation' to agree.

[slick132]

Hi Bartok,

 

Thanks for clarifying.

 

You didn't answer my Q in post #23 above.

 

[Bartok]

I dont know what an SOC is, and the interest rates are as follows which the bank has received on several occasions.

 

Bank charge list prepared on 28/01/2010

1: Item Number

2: Date Charged to account

3: Amount charged to account

4: Number of Days Statutory Interest calculated

5: Total statutory Interest on bank charge claimed

 

Huge table of data removed

Total Bank Charges £3100

Total Statutory Interest £1900

Total claimed £5000

Edited February 6, 2010 by slick132
Data not needed and exact figs replaced with approx ones

[slick132]

HI Bartok,

 

SOC = Schedule of Charges

 

Others may think differently but I think, as you negotiated and accepted a settlement of £2,000, the bank now owes you the £2K plus s.69 Statutory Interest from 6th June 2007 to date.

 

I reckon the int't should be approx 2K * 0.08 *32/12 = £426

 

And I think interest continues to accrue at 43.8p per day.

 

Put it on a spready though to check.

[Bartok]

I would agree with your opinion Slick as to what barclays owes. Just to re-cap...

 

should i write to barclays and court with a suggest a proposal to settle based on the above?

[slick132]

Before you write to them again, please post here a copy of the letter to Barclays which you say you sent in post #21 above.

 

Did it go to Barclays Litigation at Churchill Place ?

 

[Bartok]

Hi, yes its Churchill place.

 

Do you think it would be reasonable for me to ask Barclays to pay the fees of the 2nd court proceeding. I wouldnt have needed to file it if Barclays not reneged on their ageement above.

 

I'll write & post a letter here tomorrow for your opinions and comments before sending.

 

I have recently written (14 January 2010) to Barclays, for completeness this is the text. It was written rather OTOH. No reply as yet.

 

Re: Claim number XYZ

 

The court has ordered me to make proposals for settlement in the above case.

 

My proposal is the bank returns all money it has withdrawn from my account and converted to its own use, interest while that money has been in the bank’s possession and my disbursements in bringing these proceedings to court.

 

The amount being claimed as of today’s date is £4993.13 and the interest has on each item being claimed is calculated to todays date from the date each sum became due.

 

If you would like to settle the claim without a hearing, please pay the above sum to reach me no later than January 28 2010 and I will close the claim as settled.

 

This is causing me considerable hardship because I have stopped working to raise my newborn Son and I really need this money. I would be grateful if the bank would kindly return the money from where it was taken.

 

Yours Sincerely,

 

 

 

[slick132]

My comments about court fees remain as stated in post #18. If Barclays had paid as they agreed, you would not have had to take the action you have.

 

I will come back to you later (dog needs walking on sub-zero beach) about the letter above.

 

You need to get this matter back on the rails and get your money.

 

Later

[Bartok]

I have written to Barclays again, anyone have any comments before I send it?

 

Barclays Legal & Compliance

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP

 

February 08, 2010

 

Dear Sir/Madam

 

Re: Claim No XXXXXX61

 

I write further to the above claim and confirm that you still have not settled the claim as you agreed before JudgeNAME sitting at NAME OF County Court.

 

You agreed to settle the above claim for £2000 on 6th June 2007 on the day of the hearing before the Judge so to have me drop the claim without judgment. This required me to file a new claim for the original full amount at court and this has incurred further court fees of £120 and £100 on 21/06/07 and 02/07/2007

 

I have calculated statutory interest to Monday 08 February 2010 on these amounts to be:

 

1 06/06/2007 As per agreement £2000.00 interest 0.00022% per day for 978 days £430.3200

 

2 21/06/2007 Court fee Claim number 7QT08579 £120.00 interest 0.00022% per day for 964 days £25.4496

 

3 02/07/2007 Court fee Claim number 7QT08579 £100.00 interest 0.00022% per day for 953 days £20.9660

 

Money Claimed £2220.00

Statutory Interest Claimed £476.74

Total £2696.74

 

I would be grateful if you would kindly settle the above by paying me the sum of £2696.74 today as agreed as this has been outstanding since long before the House of Lords ruling on bank charges.

 

This is causing me serious hardship and I really do need my money returned to me.

 

 

Yours sincerely,

 

 

 

ME

Encs: copy of signed agreement.

Cc NAME County Court

[slick132]

I'm working on a re-jig of your letter and will come back later.

 

[Bartok]

Thanks, I'll hold-fire .

[slick132]

Dear Sir/Madam

 

Re: Claim No XXXXXX61 - this should be the original court claim ref. no.

 

I write further to my letter of 14th January, to which you have not replied.

I have reviewed this situation and will now summarise as follows:-

1. On 6th June 2007, counsel (Ms M Butler) attended a hearing on behalf of Barclays Bank PLC to deal with my claim for the refund of bank charges. Before our court appearance, Ms Butler was in touch with Barclays HQ and it was agreed that Barclays would settle my claim by paying me the sum of £2,000. We went into court and the judge ordered:-

 

"Upon the parties having agreed terms: IT IS ORDERED THAT:-

 

1. Claim discontinued with no order as to costs."

 

Despite many requests, you have failed to pay me and I now intend to resolve this matter promptly. I realise I was wrong to issue fresh proceedings (Claim No xxxxxx79) in June 2007 when you failed to pay as agreed. This claim will be discontinued by me shortly.

 

Instead, I will issue a further claim against Barclays citing both Contract and Estoppel by Representation. Your failure to pay as agreed has left the bank exposed on both counts and I am sure the court will take a dim view of your failure to pay so far.

 

I enclose a schedule setting out the amount I require to settle this matter. This shows that I require you to pay me £2,696.74 (plus further accrued interest) by direct transfer to my Barclays account number xxx xxx / Whatever Bank, Sort Code xx xx xx, Account No xxxx xxxx.

 

If you fail to settle in full within 14 days, my claim will be issued without further notice.

 

I trust you will wish to avoid the time and expense of further court proceedings and look forward to receiving your prompt reply.

 

Yours faithfuly,

 

----------------------------------------------------------------

 

Bartok -v- Barclays Bank PLC

Schedule of Claim

 

Original sum agreed to be paid.£2,000.00

s.69 Interest from 6/7/07............430.32

 

Court fee paid 21/6/07................120.00

s.69 Interest from 21/6/07............25.45

 

Court fee paid 2/7/07..................100.00

s.69 Interest from 2/7/07..............20.97

 

Total now due.......................£2,696.74

 

S.69 Statutory Interest will accrue at the rate of 0.59p per day.

[Bartok]

Thats a cracking good letter!

 

Should I also file a copy at court?

 

The letter says I will discontinue my claim and issue a new claim, cant I just ask the court to change the particulars?

[slick132]

Thats a cracking good letter! Well, thank you Send it off Rec'd Del'y. Please also head the letter LETTER BEFORE ACTION .

 

Should I also file a copy at court? No.

 

The letter says I will discontinue my claim and issue a new claim, cant I just ask the court to change the particulars? We can address this if Barclays refuse to pay in response.

 

I suppose, in theory, your could enter a revised POC using a N244 Application. But I think this will be "messy". In which case, discontinuing the 2nd claim and starting a fresh one using Contract and Estoppel would be best.

 

We discussed this earlier on thread and the concensus was that you should discontinue and start a fresh claim if necessary.

[Bartok]

Update.

 

The deadline has passed and barclays have not paid the money.

[Bartok]

Update again, the court has asked me the claimant to put forward a proposal to settle the claim in the light of the Supreme Court decision in favour of the lenders.

 

I think I need to submit a new claim, can anyone suggest a template POC's to change the claim to that of estopple by representation as described above.

[slick132]

Hi Bartok,

 

Re the doc't from court seeking proposals after the Supreme Court ruling, I suggest you write back and confirm you are discontinuing this case.

 

Start a fresh court claim against Barclays based on the info in post #20. You may want to buy the Patricia Pearl guide here - The Consumer Forums - The Small Claims Kit ? published by Lawpack

 

There's no POC template for your claim so you will have to do this yourself. You mention using Estoppel by Representation but, remember, it was suggested that you plead both Estoppel and Breach of Contract.

 

So you would deal with Contract breach in the POC and then plead about Estoppel saying:-

 

3.Contract - blah, blah, etc.

 

4. In the alternative, the Claimant has a claim against the Defendant on the basis of Estoppel by Representation.

 

When you have a POC drafted, post it here so we can take a look and, if necessary, knock it into shape.

[noomill060]

As slick says- write to the court and Barclays confirming that you want to discontinue, then hit them with a fresh claim.

[Bartok]

Update, barclays agrees to settle part of the claim:

 

 

My proposed response - not sent yet, awaiting comments.

 

Simmons & Simmons

CityPoint

One Ropemaker Street

London

EC2Y 9SS

February 26, 2010

 

Dear Sir/Madam

 

Re: Claim No XXXXXXX

 

Thank you for your latter of 24 February your Ref: XXXXXXXXXX-X-XXX-XX/XXX/XXXX confirming you made a payment to my account £2432.32. I write to confirm acceptance as part settlement of my claim.

 

However the claim is for £2696.74 a difference of £264.32.

 

You said I made an error in issuing a new claim, (numbered number XXXXXXX). I confirm there is no error on my part. This claim was filed because the defendant bank did not keep its promise to settle my original claim as agreed and is nothing to do with unfair charges or the Supreme Court Ruling of 8 January 2010.

 

I will change the claim particulars in claim number number XXXX in 14 days time by way of an Application Notice (£75 fee will be added). It will become a claim against the Defendant on the basis of Estoppel by Representation and consequential damages for breach of contract.

 

I would be grateful if you could pay the balance due £264.32 into my Barclays account and let me know when this has been done so I can close both claims.

 

Yours sincerely,

[slick132]

Thank you for your letter of 24 February confirming the payment made to my account £2432.32. I accept this sum as partial settlement of my claim.

 

However the claim is for £2696.74, a difference of £264.32.

I issued the 2nd claim because of Barclays' failure to settle the sum in the manner agreed by their barrister on the day of the first court hearing. I now realise that the matter could have been dealt with differently but, as a Litigant in Person, I did what I thought best at the time.

However, no action would have been necessary if Barclays had paid as promised. The court fees incurred by me regarding the 2nd claim were incurred as a direct consequence of Barclays' failings and I will not be left out of pocket because of this.

If you do not pay the balance due (being court fees of £xx and s.69 Interest to date of £xx) within 14 days, I will issue fresh proceedings based on Contract and on Estoppel, without further notice.

This will mean further costs and court fees which I will seek to recover from Barclays and I trust you will agree that this is in neither of our interests.

I will discontinue the 2nd claim when I receive your agreement.

Yours faithfully,

[Bartok]

Letter is sent. Will keep you updated.

[Bartok]

Update, there has been no response from barclays so I am ready to file the claim at court. these are the particulars and I invite comments and tweaks.

 

The claimant filed a claim against the defendant at claim number 7QZ21261 for unfair bank charges on 23/06/2007 and the defendant contractually agreed to pay the claim without judgment before Judge Pearce on 06/06/10. The defendant reneged on this and I filed a new claim 7QT08579 which incurred costs of 21/06/2007 £120 on 21/06/2007 and £100 on 02/07/2007. The defendant then paid the original claim but did not pay the court fees. The claimant claims a) £220 court fees for breach of contract and in the alternative; the claimant has a claim against the defendant on the basis of estoppel by representation b) statutory interest of £49.80 and 0.00022% per day until date of payment. c) court fees.

[slick132]

Hi Bartok.

 

I've sent you a PM.