bmw323i vs barclays *** WON ***

[Michael Browne]

Do I have to attend?

Yes, failure to do so may result in your case being struck out.

 

Do you think Barclays may still settle before this date?

Quite likely.

[bmw323i]

What will happen at this Allocation Hearing? The court have not asked me for any documents (court bundle etc).

 

I need to know what to expect

 

Im just really scared now, didnt think for one minute that I would actually set foot in a court room. Ill probably get stage fright and pass out in front of the judge..lol

 

Pass the phone, think Ill give Mr Ruffhead a call now, Anyone got his mobile number.? ?...(Just joking)

 

Emz:D

[Michael Browne]

What will happen at this Allocation Hearing? The court have not asked me for any documents (court bundle etc).

This is not a full hearing. It is merely to decide which track and for the judge to issue any directions. It's nothing to be scared of, the judge will know you are a litigant in person. You won't need the full court bundle, but it's a good idea to take all your statements ,letters etc with you and be ready with a reply if the judge asks why you are requesting Standard Disclosure.

The chances are Barclays will settle in full just before the hearing

 

 

[bmw323i]

 

 

The chances are Barclays will settle in full just before the hearing

 

 

 

Cheers for that

 

Fingers crossed.

 

Is it worth me giving Barclays a ring to see if I can squeeze a settlement out of them before the hearing?

 

Emz:D

[Michael Browne]

Or you could follow Vampiress' advice:

 

If you feel really daring you could fax their solicitors a letter quoting Walter Merricks, Chief Financial Ombudsman..

 

He stated on BBC2 on Tuesday 12th Dec that the Financial Ombudsman Service is now telling banks that part-settlement offers are not acceptable.

 

He said that banks should be paying claims in FULL or actually turning up and stating their costs in court.

 

Ask Barclays if they will settle out of court NOW in FULL or dare them to take it all the way.

[bmw323i]

Thats great...

 

I cant believe I missed that, I wonder if I can download it from the tinternet.

 

I may try that approach, dont suppose it would do any harm...

 

cheers

 

Emz:D

[Michael Browne]

BBC - Press Office - The Money Programme: Bank Robbery!

 

Walter Merricks, the Chief Financial Ombudsman, told the programme that he will no longer entertain banks' offers of partial settlements of customers' claims.

 

Mr Merricks said banks should now pay customers' claims in full or explain why their charges are legal.

 

"If they are not prepared to do that and they want to argue the point," Mr Merricks told the programme, "then I have to start down the road of investigating myself."

 

[bmw323i]

Could not believe it today when i got home and found a letter with LONDON postmark. Thought it could only be one thing, and yep it was a settlement.

 

Letter goes something like this:

 

Dear Ms Jackson (This is not my name, they must have forgot to overtype it with mine)

 

Claim against Barclays Bank PLC

Claim Number Blah Blah

 

I refer to the aboveproceedings.

 

As you will have seen from our defence, we consider that your claim lacks merit and that it will fail.....blah blah, (you know what comes next cos ever settlement letter is the same, hence the mistake with surname).

Now for the important bit.

 

Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs totalling £2138.33 (this figure is short of the £100 allocation fee and interest accrued at daily rate) subject to the terms set out in this letter.

 

This offer to pay £2138.33 is in full and final settelment 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 terms of this offer are confidential between us.

 

If you agree to the terms of this letter, please sign and return copy of this letter to me at the above address post, e-mail or fax) within the next 5 days. You will also need to notify the court in writing that you have discontinued your claim against us. Please forward a copy of your letter to the court when you return a signed copy of this letter to us.

 

Should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

 

Rebecca Connelly

Legal Clerk

 

Oh my god im really shocked that they addressed the top of this letter to me, and then refered to me as Dear Ms Jackson, whoever she is....lol

 

I tried to telephone Rebecca today, but her voice mail was switched on, should i send her an email tonight to acknowlede that I have received the letter and inform her that the amount is short??

 

Does anyone think that they will be in the office on Wednesday? (as theyre so busy)

 

Can anyone please advise

 

Thanks Emz:D

[vinnyk67]

well done mate the same letter i got to on friday thay must of got into the xmas spirit

[MARTIN3030]

Emz this is good news and your settlement.

If you want the money quickly I would e mail back,as they have indicated to you in writing that this is satisfactory to them.

You have no obligation to accept the confidentiality clause and it is entirely up to yourself as to whether you wish to agree to that.

If not then strike out the references to this in their letter before signing.

You should write a short note to the court advising that the claim has been settled ammicably but let the Bank know that you will only send this on receopt of cleared funds/cheque into your possesion.

Finally a little further advice.

From all the Banks who have suffered the humiliation of having to settle,in my opinion theres no one more than Barclays who abhore the publicity and after effects.

So my advice is plain and simple.

Barclays expect you to consider the matter closed and forget about it......but they need to understand that this has been stressful and time consuming for you.So compromise is the answer assuming that you want to forget about it too.

Its only fair that one favour deserves another,therefore you should invite them to make it worth your while to sign,as a gesture of mutual goodwill,reminding them that they have no obligations to do so......but is up to them.

I have replied to your pm.

I hopethis answers questions for you.

[bmw323i]

Faxed letter today to Legal Clerk at Barclays, accepting full settlement, (YIPPEE) and scribbled out the confidentiality terms. Added the £100 onto the total that they missed out conveniently.

 

Not gonna congratulate myself till that dosh is in my account where it should be.

 

Gonna give donation to this wonderful site as soon as poss, and hopefully help other newbies.

 

Will keep you posted

 

Emz:D

 

PS...If a MOD is reading this, could you please add ***WON*** on the end of my thread title...CHEERS

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[TANZARELLI]

Well done thats another one sorted. Great news.

 

Enjoy the dosh.

 

Tanz

[zootscoot]

Congratulations!!!!!!!!!

:D

Don't forget to fill out the survey

Enjoy your payout!

[bmw323i]

MONEY IN THE BANK

 

 

£2238.33 deposited in bank account today. YIPPPPPEEEEEEEE.

 

[Welshman]

And in Dollars too! Hope you get a good exchange rate

[bmw323i]

Cheers welshman

 

Hehehe, top marks for observation. lol

 

Emz:D

[Lizzy]

Well done. I enjoy a happy ending.

Great start to the new year for you, can you feel ANOTHER hangover coming on ........heee heee

 

Lizzy

[dickeggsy]

excellent result mate.

us welsh guys are doing very well.

just hope mine is settled soon.

ENJOY:)

[bmw323i]

hi

 

Could a MOD or site helper please move this thread to the **WON** forum, thanks

 

 

Emz:D

[TANZARELLI]

MONEY IN THE BANK

 

 

£2238.33 deposited in bank account today. YIPPPPPEEEEEEEE.

 

 

 

Well done emz, You don't fancy going for a claim prior to 6 years now that ones sorted do you. It would mean a full SAR to get all account statements from beyond 6 years if you haven't already got these. Take a look at my new thread title and the last few pages from where it say stage 2 starts here.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/44145-tanzarelli-barclays-1st-one.html

 

Tanz

[bmw323i]

tanz,

 

Allthough I would love to squeeze a bit more money outta barclays for all the years of pushing me to the brink of the breadline, I dont actually think I occured any charges back beyond 2000.

 

I am pondering with the idea now though, of claiming back a mortgage redemption fee charged by Bristol and West in 2003.

 

Dunno if I can handle all the stress tho.:-| ..lol

 

Emz:D

[TANZARELLI]

oh well just a thought as the money is in best in your pocket than in theirs. Good luck with your next move and hope the money came in handy.

 

Tanz

[bmw323i]

oh well just a thought as the money is in best in your pocket than in theirs. Good luck with your next move and hope the money came in handy.

 

Tanz

 

Thanks, and good luck with your second claim. Will be following your thread to see how it goes.

 

Havent spent a penny of my settlement yet, although £550 less now(overdraft payed off once and for all). Im thinking of what to spend it on, but in the meantime thought I'd leave it just sit in my barclays account gaining more interest..lol

 

Might even look into buying some shares, maybe barclays shares..lol (Nahh)

 

Emz:D

[Fullyskinted]

Thanks for your comments on my thread, I think I may well use the letter Tanz posted up

 

Can you please keep an eye on my thread for me?