Barclaycard courtclaim re:Charges +6yrs -***WON*** Compound Int't and **NO SET-OFF**

[slick132]

Hi Shelley,

 

You'll have to print off the 1st bundle yourself but I'll leave you to calculate if it's cheaper or easier to get the 2nd and (if needed) 3rd copies printed off at a copy shop.

 

Gnite

[Shelley181146]

Hi Slick,

 

I am pleased to report to that Barclays have increased their offer but the difference to my claim amount and the offer is exactly the amount which equals the original charges. Now I am in a quandry as to whether I should accept!

 

I will try to scan in later but it's progress.

 

Regards

Shelley

[slick132]

Hi Shelley,

 

Roughly what is their current offer and what does your spready show.

 

It's possible they have forgotten to include the actual default charges, in which case, you can point this out and ask them to offer the correct amount as per your updated SOC.

 

[Shelley181146]

Hi Shelley,

 

Roughly what is their current offer and what does your spready show.

 

It's possible they have forgotten to include the actual default charges, in which case, you can point this out and ask them to offer the correct amount as per your updated SOC.

 

 

Hi Slick,

Today's offer:

We refer to the above proceedings.

 

As you will see from our defence, we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do, however, recognise that it is not cost effective for either party to take this matter all the way to trial. Therefore, in order to avoid the inevitable time and cost associated for both parties in pursuing this claim further, we are prepared to settle your claim by returning to you the charges applied, together with interest which comes to £2384.80 subject to the terms set out in this letter.

 

This offer to pay £2384.80 in the above fashion is in full and final settlement of the whole 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 remain confidential between us.

 

Please sign and return a copy of this letter to us (by fax, email or post) at the above address within the next seven days. You will also need to notify the County Court, in writing, that you have discontinued your claim. Please forward to us a copy of your letter to the Court.

 

Should you decide to reject the Bank’s offer, we reserve the right to disclose this letter to the Court on the subject of costs.

 

The difference is in the region of £500 but the difference between the two offers, is the exact amount of the charges before interest.

 

I think they have pitched this just right for them because if I continued taking it to court and it didn't go in my favour would I have costs to pay?

 

I was going to sleep on it and see how I woke up TBH.

 

Regards

Shelley

[slick132]

You need to make it clear to them that your SOC figure is the settlement you require before you discontinue your court action. Do not worry about court costs at this stage as you should still be able to accept their current offer if it gets to scary for you.

 

Suggest that they appear to have agreed to your interest calculations but have forgotten to include the actual default charges.

 

Enclose a copy of your (updated) SOC and ask them to reconsider once more, to avoid continuation of your court proceedings.

 

Ask them to confirm that they will refund the sum of £2,8xx.xx to you in full and final settlement of your claim, by direct payment to you. Give them your bank sort code and account number to facilitate the payment by Direct Transfer.

 

My advice is to stand your ground now but the choice, of course, is yours.

[Shelley181146]

Hi Slick,

 

Thank you for your continued support. You have given me a little extra confidence to email them the following;

 

After careful peruse of your latest offer I note from the correspondence dated 12th August 2011 (which I believe should read 12th September 2011) and your email of 15th September 2011, it appears there is a difference of £xxx.00 which, coincidentally just happens to be the amount of the original charges.

In order to assist you and to bring this matter to a satisfactory conclusion, to agree a full and final settlement, I have attached an upto date Schedule of Claim for your further consideration and would request that the amount of £28xx.xx be deposited into the following bank account within the next 5 days, to prevent continuation of the court process to which this claim refers.

 

I trust this will be given due consideration and look forward to hearing from you in the not too distant future.

I await tomorrows response with planned celebrations for the week-end, hopefully.

Regards

Shelley

[Shelley181146]

Hi Slick,

 

I am ecstatic today to return home this evening to find a favourable response to my cheeky email early hours this morning. If it hadn't been for your support and encouragement I would most certainly have gone at the first hurdle. They have caved in and offered me the full amount matching my latest SOC and I cheekily said I wanted in my bank within 5 days. I will email a copy of the signed letter this evening and start my shopping list with a donation to CAG without fail.

 

I cannot begin to express my gratitude for all the support, expertise and patience that you and your colleagues have shown me through this process and it instills confidence for me to continue with the other many claims I have in progress currently.

 

Would someone please advise how I make my donation to CAG and I will ensure this is my first priority?

 

This thread can be transferreed to the **WON** cases once I have confirmed cash is in the bank.

 

 

Sincere regards

Shelley

[ims21]

Hi Shelley

 

Fantastic news....well done for sticking at it....I'm really pleased for you

 

You can donate here

 

https://www.paypal.com/uk/cgi-bin/webscr?cmd=_flow&SESSION=miwMFLbjen-jhlUSSrBqJaDxZ5MKUOjsKr_LciD3OHYM-0x6gX0BQNG2jGG&dispatch=5885d80a13c0db1f8e263663d3faee8d35d0e363192f28ea2a5d17702da0dbf0

 

ims

[Shelley181146]

Hi ims,

 

Thank you for the link that's great but I don't seem to be able to connect to it. Is the link okay? It gives me an error message.

 

I just hope the rest of my claims goes as smooth.

 

Shelley

[ims21]

Hi ims,

 

Thank you for the link that's great but I don't seem to be able to connect to it. Is the link okay? It gives me an error message.

 

I just hope the rest of my claims goes as smooth.

 

Shelley

 

 

ooooh...works for me

 

If not, click the words above my avatar....that'll certainly do it.

 

Just think what you've learned from this experience and how much more confident and empowered you must feel. Good feelings aren't they?

 

This part of the journey is over (when you get the loot of course) and I wish you well for the rest of your claims.

 

I've also clicked your star and sent you a message

 

All the best and keep at 'em

 

ims

[Shelley181146]

Thank you ims.

 

I'm grinning like the cat who got the cream. It's a marvellous feeling.

 

It will make a huge difference to my O/H as he needs some aids to make his life more comfortable and a little TLC helps.

 

I am truly grateful for ALL the support provided here and I will have great pleasure going for the other banks now

 

Regards

Shelley

[Shelley181146]

They obviously require a copy of my letter to the courts withdrawing my claim before they deposit funds into the bank account. Does anyone have a mini template of how I should word this please?

 

Many thanks

Shelley

[slick132]

Hi Shelley,

 

Well done for sticking to your guns and seeing this through to the end.

 

The way it normally works is :-

 

1.You agree the settlement sum and send them a letter to confirm you accept this in F&F Settlement of this claim. (Do not agree to confidentiality)

 

2. They deposit it in your designated bank a/c.

 

3. You then send a letter to court confirming your wish to discontinue your claim.

 

4. You send the bank a copy of your letter of discontinuance.

 

I can't find a template but it needs to simply say :-

 

The Court Manager

xxxxxxxx County Court

Address

xxxxxx

Postcode

 

Dear sir or madam,

 

Claim No: 8AB54321

Shelley - (Claimant) -v- Barclays Bank PLC (Defendant)

 

I refer to my claim against the Defendant and am pleased to confirm that settlement has be reached between us.

 

I therefore wish to discontinue my claim and thank the Court for it's services in this matter.

 

Yours faithfully,

 

Thread title changed to reflect your win.

 

[Shelley181146]

Good evening Slick,

Thank you for dropping in again.

 

I am probably sounding a bit dim here but what difference does it make to not agree to the confidentiality clause?

 

Shelley

[dx100uk]

and to think at every stage you waNTED TO almost give up

 

see told ya' in about my 3rd post to you

 

dx

[Shelley181146]

and to think at every stage you waNTED TO almost give up

 

see told ya' in about my 3rd post to you

 

dx

 

It's having the supporting 'Cagger's' family which has given me the strength to continue dx

 

One bank down, six to go...........

[slick132]

If you agree to confidentiality, you cannot normally disclose the existence of the settlement or it's terms.

 

This is the bank's way of trying to stop folk telling each other that the bank has paid out compound interest claims.

 

Have you already agreed to confidentiality - if so, we will need to review the thread and remove any posts that refer to settlement which were made after you agreed to confidentiality.

 

[Shelley181146]

Hi Slick,

 

I have NOT agreed to any confidentiality clauses nor do I intend to. I just didn't know how or what it affected.

 

Thanks for the verification.

 

Shelley

[slick132]

Hi Shelley and I'm delighted to hear there is no confidentiality clause.

 

Full settlement and no court bundles - that's a few trees saved.

 

Let us know how it goes with tying up the loose ends here.

 

[Shelley181146]

Hi Shelley and I'm delighted to hear there is no confidentiality clause.

 

Full settlement and no court bundles - that's a few trees saved.

 

Let us know how it goes with tying up the loose ends here.

 

 

Hi Slick,

 

They have put a confidentiality sentence in their acceptance letter but I will be declining it. They've said "By accepting this offer, you also agree that the existence and the terms of this offer remain confidential between us".

 

Are they likely to withdraw the offer when I decline to agree to the 'confidentiality clause'? How have other people worded their acceptance letters?

 

Regards

Shelley

[slick132]

Just strike through the confidentiality clause when you send the letter back to them.

 

You can say to them, "With respect, this is my court claim and it will be settled on terms that I find acceptable, or it will proceed to trial."

 

If they do not like it, see what they say and we can review the situation.

 

[Shelley181146]

Hi Slick,

 

I have done that and will see what response I get tomorrow.

 

I have been looking around the website to see of there is a standard form to complete for the courts to withdraw the claim, to no avail so I guess its just a letter from us saying an acceptable agreement has been reached etc? But, I won't be sending that until I have cleared funds in the account.

 

Not long to wait before I find out

 

Regards

Shelley

[slick132]

Hi Shelley,

 

I drafted a discontinuance letter for you at Post #138 on the last page

 

Let us know how the continuing negotiations go.

 

[Shelley181146]

Hi Shelley,

 

I drafted a discontinuance letter for you at Post #138 on the last page

 

Let us know how the continuing negotiations go.

 

 

 

Sincere apologies, I have been surfing the website most of the day for things - researching for 'other claims' in progress and appear to have got mixed up. Letter is drafted, ready to go.

 

Thank you.

 

Updates will be forth coming

[Shelley181146]

They have sent a further email with the offer attached (which is unopenable) having deleted the 'confidentiality clause' as requested, but they are requesting I sign that one now. Persoanlly, I don't see why that is necessary considering I have scored through the confidentiality clause sentence and signed and returned that one yesterday.

 

Sounds like delay tactics to me and they have appropriate bank details but they're now asking for name and address of bank!

 

Any opinions please.

 

Shelley