Maria v Barclays ***WON***

[Bigmac versus]

Hopefully you wont need to.

[LadyMaria]

thanks

[bgqs]

Any update on this one ?

[Bookworm]

9 threads merged.

[LadyMaria]

Any update on this one ?

Hi, yes thanks for asking. Barclays have failed to submit thier court bundle, I wrote to them on Wednesday, by special delivery expressing my dismay and disapointment, I included an updated schedule of charges and reiterated that in order to avoid court they would need to settle in full by Tuesday.

Low & behold there was a message on my ansa phone on Thursday, I rang them back at 17.35, and I think I just caught my guy before he headed off for his bank hols. he said that he had sent me letters saying they were settling in full and I just needed to sign and fax back.

I got the letters today, for all 4 claims but sadly it is £930.88 short of what I am claiming. That is way too much for me to allow. Therefore on Tuesday morning I will be phoning him to say no thanks I would like all my money please.

I will have to ask them to email me the amended offer, without a confidentiality clause, for the full amount and then I will sign. I am a nurse and I work long days on a very busy unit, Tuesday is my only day off,Wed &Thurs I am at work 07.30 - 20.30 so I cannot wait for the post, can anyone tell me if it is okay for me to scan my signed papers and email back, as if I am to write to the courts I have to have this sealed by close of Tuesday, I guess a scanned document is as good as a faxed one, they are paying me by cheque and I am not prepared to cancel the court until I have the cheque in my hand. Which means I will need it by Wednesday, the very latest Thursday.

Incidentally, Barclays have all so asked for a copy of the letter cancelling the court with my signed acceptance, I am not happy to do that untill I have my cheque.

Nearly there, thanks for everyones support.

M

[LadyMaria]

any advise on the confidentiality bit, or sticking to my guns and not cancelling the court before I have my cheque?

[LadyMaria]

Hi, my case goes to court the Friday, Barclays have failed to submit thier court bundle, I wrote to them on Wednesday, by special delivery expressing my dismay and disapointment, I included an updated schedule of charges and reiterated that in order to avoid court they would need to settle in full by Tuesday.

Low & behold there was a message on my ansa phone on Thursday, I rang them back at 17.35, and I think I just caught my guy before he headed off for his bank hols. he said that he had sent me letters saying they were settling in full and I just needed to sign and fax back.

I got the letters today, for all 4 claims but sadly it is £930.88 short of what I am claiming. That is way too much for me to allow. Therefore on Tuesday morning I will be phoning him to say no thanks I would like all my money please.

I will have to ask them to email me the amended offer, without a confidentiality clause, for the full amount and then I will sign. I am a nurse and I work long days on a very busy unit, Tuesday is my only day off,Wed &Thurs I am at work 07.30 - 20.30 so I cannot wait for the post, can anyone tell me if it is okay for me to scan my signed papers and email back, as if I am to write to the courts I have to have this sealed by close of Tuesday, I guess a scanned document is as good as a faxed one, they are paying me by cheque and I am not prepared to cancel the court until I have the cheque in my hand. Which means I will need it by Wednesday, the very latest Thursday.

Incidentally, Barclays have all so asked for a copy of the letter cancelling the court with my signed acceptance, I am not happy to do that untill I have my cheque.

Nearly there, thanks for everyones support.

M

[GaryH]

If the money is not cleared in your account by Friday, you should go to court.

 

Tell the judge they have at the 11th hour indicated that they wish to settle, but the funds have not materialised yet.

 

He'll probably adjourn for a fortnight to dot the i's and cross the t's, or you might even get a judgement there and then if the judge is particularly frustrated at Barclays antics, which lets face it, why would'nt he be?!

 

On that note, you should also request costs - you have a right to request up to £50 in respect of loss of earnings and up to £50 for travel expenses. Also, you should try requesting your entire preparation costs on the basis of the defendants unreasonable conduct. Details halfway down this post -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[LadyMaria]

Thanks, If I have my cheque in my hand before Friday, and banked, therefore waiting to clear, I assume it is unlikely that the cheque would bounce,or should I still go to court just to make sure the order is made incase it bounces? Ofcourse, if I don't have a cheque to bank then I am certainly going to see the Judge.

Afterall if the bank and I use email on Tuesday, I would expect my cheque to be special delivery by 1pm on Wednesday.

Do banks still have the facility to special cheques?

[GaryH]

I assume it is unlikely that the cheque would bounce

We'll you'd think so, would'nt you, but believe me stranger things have happened. There have been a few horror stories where hearings have been cancelled and then the bank have renaged on an agreement to settle, and in fact there was a Barclays thread where this happened just last week - I'll try to find it for you.

 

If it were me, I would most definately still go to court unless it was 100% cleared.

[GaryH]

Here it is - http://www.consumeractiongroup.co.uk/forum/barclays-bank/78871-successful-claimants-warning.html?highlight=N244

[LadyMaria]

wow, thanks very much, I wouldn't have thought that. I will ask my husband to ask the bank to do a special clearance on it, otherwise I will definetly be going to court on Friday, I will explain to the judge that Barclays have failed to deliver in other cases, so I need the reasurance of a judgement.

[TANZARELLI]

The finishing post is in sight LM.

[LadyMaria]

thanks

[Bookworm]

2 threads merged AGAIN, could you PLEASE not start a new thread every time you have a query??? It makes things harder to follow for everyone. Thank you.

[LadyMaria]

Sorry, but as my court date is so close, I was hoping for some support and my current thread title does not attract readers, I bumped it up a few times,but still no one responded, the title 'court Friday 13th' did attract some answers, I don't know how to change my thread title, is this possible?

[TANZARELLI]

If you feel you need additional support and nobody is responding to your thread then pm some people or post a link to your thread on other threads asking for some support. To post your link go to Quick Links icon at top of page then scroll down to and left click Subscribed Threads then scroll to your thread title and right click it, scroll down to copy shortcut and left click this. Then when in the thread or pm you want to post it simply right click then left click paste.

 

Tanz

[LadyMaria]

thanks.

I phoned Thomas this morning and said that I cannot accept the offer they have made, we quickly agreed a figure that is close to what I am claiming, as my claims are 4 separate ones, 2 with Barclays, 1 barclaycard and 1 monument, he said that he can special delivery the 2 big ones for barclays, so that should be with me by tomorrow lunch, i am going to get overnight clearance on the cheques and hand deliver to the court cancelling the hearing for friday,on clearance, however, the smaller 2 have to come directly from barclaycard and monument, Thomas said he has no control over these, other than requesting they pay me, so I said that is fine, but I will still attend the court on Friday, I will show the judge our agreement letter but state that I haven't got the payment yet and ask he make the order in my order.

So I very nearly there!!!!

[Bookworm]

Excellent news. Yes, do attend court, and make sure that the judge is aware of the agreement made. This way, if they decide to play silly buggers, you have the courts decision on your side.

 

The fact that they are willing to do a special delivery to you tells you all you need to know on how much they do not want to go to court, doesn't it...

[LadyMaria]

Hi, got 2 of my 4 claims paid today, so when the cheque clears, (got it specialed) I will ask the mods to move to successful claim and make a donation to this great site.

Still waiting for barclaycard and monument to pay me as promised, we'll see. If payment arrives tomorrow, all well and good, but my post doesn't come until 12.30 and my court case is at 14.00 on Friday, that is my day off and I intend to go shopping in the morning. I am not sitting in just in case the cheque is in the post. It is not my fault good old barclays left it this late to pay out, especially when they know what they are doing is unlawful!

I'll keep you all posted.

[LadyMaria]

:) Hi, all just to let you know, I had offers for all 4 of my claims 2 days before court, I still went as I had asked for cheques, the Judge ordered that the case be left open and that I could return at any time, should the payment not be recieved.

Got all the monies, in full, refused to sign the confidentiality bit, and the donation to this site is on it's way. Thanks to everyone who contributed to this.

Good luck to every one fighting the banks. I am going to take on the Royal Bank of Scotland and the Funding Corp now.

Maria

[lthomp192]

Well done "LadyMaria" another WINNER, enjoy.

[LadyMaria]

thank you, it has been a long journey, but very worth while and satisfying. Couldn't have done it without this forum.

[GaryH]

Well done Maria!!

 

Title changed and thread moved as requested.

[Bigmac versus]

Great news Maria, well done.