Barclays claim Won!!!

[Arim77]

Hi All,

I just wanted to let you guys know I won my case against Barclays and once I receive my bucks I'll be sending over my % to keep this place going and to thank everyone for the help you've shown.

HOWEVER!!!!!!!

I received the following letter today from Barclays and need a little help on it:

 

I am writing to you in connection with the default judgment which came to the attention of the bank's litigation team today.

I believe that you have issued a claim in the *** court and in the absence of the defence, obtained a default judgment on 02nd October 2006 for £***

 

Notwithstanding the fact that we had not filled a defence within the prescribed time, we are still entitled to make an application to the court for the default judgment to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I, therefore, propose to offer to settle your claim in full. However, I would be obliged if you will agree to :-

1. The Sum of £*** is paid by us in full and final settlement of your claim entitled *****

2. There be a stay of execution pending payment;

3. That upon receiving payment you write to the court stating that you have withdrawn your claim pursuant to a settlement between the parties;

4. That you consent to the default judgment being set aside

 

The sum of £*** will be credited direct to your Barclays account; I trust that you understand that we have reached this agreement to avoid the time involved in making a application to the court to have the judgment set aside. It, therefore, does not imply any acceptance of liability on the banks part.

 

I enclose a draft consent order setting aside the default judgment. Please sign and return this to me and I will arrange for it to be filled at court after your account has been credited. You will see that it makes reference to us filling a defance to your claim within 14 days. This will not be necessary as we intend to pay you in full, but nevertheless needs to be mentioned in the order

 

Regards

Now, the order states:

1. The default judgment entered on 2nd October 2006 be set aside forthwith;

2. The defendant to serve a defence within 14 days as from the date of this order;

3. There be no order as to costs.

My question is should I sign this order?

Cheers in advance for your help on this.

[Welshman]

There is mention of this move in another thread. You should sign it because you are getting all monies that you are seeking. It is said that if they apply to get the ruling set aside, they will succeed. What happens then is that after the set-aside, you will have to wait for more time so that the court sets yet another date for a hearing.

 

But I just read it again. In the tail-end of your posting they mention in 3.There be no order as to costs. In the settlement figure, are all your court costs covered?

 

Enjoy and Congratulations.

[Arim77]

Hi Welshman,

 

Yeah all the court costs are covered.

 

I'll sign and wait for the cash.

 

Thanks

[upplewood73]

Congrats arim

 

Looks like your in the money son

 

Just started my case with barclays- why dont they just pay up without all this court nonsense??

 

upplewood

[squishy]

Because it takes a great deal of nerve to go all the way, upplewood, and their assumption is that lots of people will bottle it and therefore no need to pay up!!!

 

Congrats Arim!!

[Welshman]

Absolutely great news Arim. Have a pint for me.

[omollmeg]

Congratulations.

How long did they leave it before your court date to settle with you??

Well done.

;-)