razor8 v Barclays

[razor8]

27 days to go until court.....

[saintly_1]

Try phoning the litigation team and see if the person dealing with your claim wishes to settle have a read of this thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/77430-caz-barclays-woolwich.html as her date was in June

[razor8]

Thanks Saintly,

 

had a read of the thread suggested. Have copied a bit from post 186 http://www.consumeractiongroup.co.uk/forum/barclays-bank/77430-caz-barclays-woolwich.html

about sending an email.

 

Have decided to do this, a copy of which is below. Any suggestions on the content and or right's or wrongs of doing this would be great.

 

Claim Number is in the subject line..

 

Good Morning,

 

I would be grateful if you could supply contact details of the person who is dealing with my Small Claims Case against Barclays Bank Plc.

 

The claim is due to be heard at 1000hrs on the 19 June 2007 at Birkenhead County Court by DISTRICT JUDGE ****** and although Barclays dispute my legal analysis, I still feel the charges levied to my account amount to penalty clauses and are unfair.

 

However I also feel that the amount being claimed is relatively modest and it is not cost effective for either party to take the matter to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am prepared to settle my claim out of court upon payment of the charges applied to my account together with statutory interest and costs involved, totalling £838.19 as of 25 May 2007.

 

Yours Sincerely

 

 

 

Mr ********

[dar£n]

Razor, they wont respond to a letter, your best option is to contact tehm direct. I know its nerve racking but everyone that has come away has said "hey,,theyre actually a nice bunch".

 

They are!!!!!!

very accomodating ,,, as your claim is set for June you are in a position to be settled TODAY! is it really worth waiting for snail mail to get through only to be ignored or missed underneath all the other paperwork.

 

Call today and get paid!

 

Get your SOC's updated, add on all costs etc and talk to them, you will feel so much better for it afterwards.

[razor8]

Have just followed your advice dar£n and phoned Barclays. God its nerve racking, no one answered and it went straight to voicemail. Hope I didn't sound like to much of a muppet - hate answer phones.

 

Left my contact details, claim number and asked for the name of the person who is dealing with my claim and whether they intend to still take it to court. Hopefully I will here something later today.

[razor8]

still no call back from Barclays, will try them again after lunch got to go out at the moment.

[razor8]

Good news, I hope.

 

Have just spoken to a gentleman at Barclays Bank Litigation Dept and he said that I should receive a letter of settlement for the whole of my claim this week or next.

[razor8]

Court bundle sent last week. Thanks for T&C's - Saintly_1

 

I have received an email from the Litigation dept saying that a letter offering to settle has been sent this morning. Court date is early next week.

The offer is only for the actual charges and court fee, no interest as per S69 County Court Act 1984.

 

However i don't know if I have made a mistake now with the initial claim. In the amount claimed box I only entered the total amount of actual charges and didn't add the interest at that point to it. Did mention in the details section that I was claiming the interest though and sent a schedule of charges with the interest.

 

Did I mess the claim amount up??

[saintly_1]

email back saying that you disagree with the figure as they have not added the 8% interest ..... put the amount of interest incurred and see what they say

[razor8]

Was half way through doing an email to that effect but then stopped as wasn't sure if I had messed up.

 

Should I have put the interest at the time in as well then in the claimed for amount? did wonder that at the time..

[saintly_1]

I think you only inform them that you will be claiming interest as per s69 (8%) but im not 100% as im about 2 weeks away from filing at court

[razor8]

been looking around the site and its not clear to me. All the advice says mention the interest but not which type of interest. Is it the S69 interest or the contractual interest? Or both?

 

I thought the actual claim total ie the figures in the right hand column would be just the charges and in the POC you mention the S69 interest.

[saintly_1]

once you get to the claiming through court if you havent already stipulated in your LBA that you will be claiming CI then you only claim the s69 interest This is what the courts deem to be a reasonable rate and can only be claimed once you file at court

[razor8]

Almost there.

 

Letter arrived for the full amount of my claim. Have accepted and sent it back, with the confidentiality clause crossed out. Just waiting for the money now.

 

Not counting my chickens yet until the money is sat in my account though.

 

The court date is still on though until I get my money.

[razor8]

That's it, the end. Claim settled in full, can't believe it's finally over. They held out until the very last minute. Was due in court the start of next week.

 

Have spoken to the court and they said a letter stating that the case is settled is ok ( which is good as i have just sent it recorded delivery) and that I don't need to send a N279. Just need to get a letter off to Barclays to.

 

Oh and start on the wasted costs.

 

Thank you everyone that has helped and CAG for all the great templates and advice.

 

Barclaycard and Mastercard next.

[razor8]

could a mod please amend the title to show that I won please. Have tried to contact a mod but the ones i try are unable to accept PM's as the mailbox's are full

 

Cheers

[saintly_1]

Have requested title change an move to B's successes ;-)

[Trucker]

CONGRATULATIONS

 

[slick132]

Razor8,

 

Belated CONGRATULATIONS on your win.

 

Slick

[razor8]

Cheers people.

 

Only Barclays Mastercard to go after now.

 

Still doing the parents, its ALOT..

 

Anyway onwards and upwards