Tobes v Barclays

[Tobes]

lol My court must have some gaps in its schedule 'cause my court date is the 12th October!!

 

It says I must supply a bundle 14 days before the court date but it's already less than 14 days lol

 

Anyway, it might be because I put some time as unavailable, or it might be because I've now done so many claims that they're getting bored of me lol

 

I wonder if I'll be hearing from good old KJ soon...I actually also requested a declaration that the term be deemed unenforceable, so I'm not sure what to do if they offer to settle - do I continue anyway

[tigger26]

Hi Tobes,

Wow, you're on the road now, suggest you ring the Court concerned, if not done so already & ask about submitting bundle, but is should be OK, they gave you short notice.

Bet your bottom dollar, sorry, pound, that Mr J will be in contact - but at the last minute of course:lol:

[Rooster-UK]

If they make a "gesture of goodwill" offer send the fllowing letter..

 

Refuse settlement letter

 

If, on the other hand they offer you full settlement of your claim, then accept it, say thankyou then go down the pub and celebrate.

 

(Mine's a lager.)

[Tobes]

cheers guys

[Tobes]

Got an offer through today for the full amount, but on the condition of confidentiality...Left a message on KJ's voice mail to say no thanks, I don't accept conditions, and got rather angry lol telling him I thought it was very rude that he hadn't bothered to respond to any of my messages, despite the fact that he states he'll get back to you if you leave a message and despite the fact that I asked him to...I've now said I will not enter into any more correspondence with him, I will not respond to him anymore, that if he shows the letter to the court I would be glad because it is a cheek to impose conditions and the fact that they always intended to settle but took it this far, the judge shouldn't be particularly well disposed towards Barclays...

[Bookworm]

You do realise that if he comes back with an offer of settlement without conditions, you have to accept, don't you? Just checking...

[Tobes]

Thanks for that, but I'm not sure on this point...I requested a refund in my claim but also requested that the court declare that the term in the contract is unenforceable...So really that's nothing to do with Barclays paying or not paying, it's a separate part of my claim...So I suppose I should write to the court to inform them that I have full payment (if I get it), but that I still want the court to consider my request for a declaration....What do you think?

[Bookworm]

I think that once your monetary claim is paid up, the declaration part falls by the wayside.

 

I'll repeat this: You can not proceed to court once the claim has been settled. The declaration part is only if the judge had to declare on the charges being unlawful, and he can't do that if there are no charges left to be claimed, which there are not once the claim has been settled. Savvy? ;-)

[Tobes]

If the claiming of charges is the only part of your claim, I agree.

 

But in this case, I'm not so sure - are you guessing or do you actually know that for a fact?

[Bookworm]

Somewhere in between.

 

It is simple logic. A judge can not rule on an issue which has been settled out of court. The declaration is not a secondary part of your claim, it derives from your monetary claim. It would be a different matter if you decided to raise a claim that would deal solely with a declaration, as Stephen Hone did a few months ago. And that would not come under Small Claims, but would be multitrack, and that means possible costs against you.

[Tobes]

I'm honestly not trying to be obtuse or contrary

 

According to the above, if I want to ask for a declaration, I have to do it as a separate claim, even if I've already settled a claim for charges; I can't do it all as one claim, settle the charges and carry on with the declaration? As far as I know you can include various parts in one claim and you can settle those various parts and continue with the rest...I haven't said, 'Barclays debited so much, please declare it unenforceable', with the intention of recouping it, I've said, 'they took so much, I claim it back PLUS I want the term to be declared unenforceable'...

 

Thing is, the claim is only for £30.00, because, like you, I got really ****ed when they wouldn't refund it over the phone, so I'm willing to risk it!

[argyle]

Hi Tobes.

 

I would have serious misgivings over trying to force the courts hand of ruling the charges to be unenforceable.

My real concerns are like Bookworm has stated the possible costs that could be awarded against you should the court rule in Barclay's favour.

After all we are talking untested ground here as the bank's always settle prior to a court visit.

My other concern is should the judge decide to look into your argument and rule that the charges are enforceable, where would like leave other claimants currently in dispute.

After all to my understanding once a case has been tested surely other following cases of similarity can be judged in accordance with the tested case.

For instance if Barclays win against you then they have basically won a ruling in principle over all others who have claims against them, therefore all other claims would find it very hard to stand up against the banks.

Personally if i was you i would tell KJ to stick the confidentiality clause where the sun don't shine and accept his offer.

I would leave the other issue you have down to people who should be doing this and are currently investigating if bank charges are unlawful and that is the OFT.

Save yourself some heartache and possible punitive costs against you and accept the offer.

After all i for one am glad that the banks don't go into court, the chances of retrieving my money is greater,after all i started my claim out to get money returned not to wage "war" on a large financial institution.

If Barclays decided not to settle prior to court then i would goto court and defend my rights.

I would certainly consider your position and seek legal advice if you are going to fight this battle.

My final thought is if the banks persist in charging us these charges, then all we need do as consumers is reclaim the money back the tried and tested way.

 

Argyle.

[Welshman]

Tobes. Why rock the boat any further, you've won!! That was the objective from the outset wasn't it?

 

Congratulations and enjoy your windfall.