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Redfox V Barclays - Court Date!


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I am claiming just over £2000 from Barclays and requesting that they remove the default from my record.

 

They offered me £268 and an amendment to my default record. They did not reply to my LBA even though I had sent and faxed a copy to them. I faxed it again today and then called them today to see if they had received my letter. The person I spoke to verbally offered me a further £400 as a final offer. What do I do next?

 

Do I request the further offer of £400 in writing, accept both offers and the amendment to my credit record as part payment and then persue the rest through the online court? And if I go through the online court process how can I get the default removed from my credit record? Also, if going through the courts do I mention in my brief that I have been offered part payment?

 

Any advice would be appreciated.

 

Chloe :confused:

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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If your LBA deadline was up, I believe that the best thing is for you to complete the moneyclaim forms and go for it. I think there is something in the library for you to claim to have the default removed. You don't need to mention that you have been offered part payment, but keep records of everything they've said to you, and if verbally record name, date, time, duration of call etc and what was said.

 

Am sure someone will post on here if I've missed anything

 

HTH and Good luck!

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  • 1 month later...

I have just checked the progress of my Barclays case on Money Claim Online and Barclays have put in a defence for my claim.

 

What do I do? What's going to happen? Do I have to go to court? It has been transfered to the appropriate court for continuation.

 

Could someone please give me some nice soothing advice to calm me down please!!!

 

 

:o

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Guest Mumofthreeboys

Red, calm down. You're not the first and you probably won't be the last. Read other peoples threads and you'll see this is completely standard, MOTB xx

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  • 1 month later...

My sister has received an offer from Barclays which is less than half the amount due. Before she starts the court claim I have seen that she must send in a copy of all charges and interest to Barclays. Should she include this with the rejection of settlement offer letter and should she include the copy with the 8% interest which will be requested when commencing the claim or the copy with just the charges and charge interest?

 

Any advice would be appreciated.

 

Thank you

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Has she sent a letter before action (LBA)?

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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No, not yet. She sent out the prelim letter and Barclays came back with an offer straight away. Should she send the LBA, refusal of settlement and schedule of charges out all in one letter?

 

Chloe

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Basically, yes.

 

You need to send an LBA before going to court.

 

I suggest you use the LBA template but remove the first sentence

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
and replace it with the first two paragraphs of the "rejection of offer" letter

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

 

And enclose your schedule of payments.

 

Then when Barclays fail to respond in time, file your claim.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Could someone please advise me as I have received my court date of the 7th December with Barclays and on the 'Notice of Allocation to the Small Claims track (Hearing)' it requests that I send to Barclays statements of the evidence of any witnesses of fact that I intend relying on at the trial append any document they intend relying upon.

 

What do I send??? I have to send it by 4pm on the 27th October.

 

Please Help!

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Not that I know of!

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Yes Ollie is correct you will need to prepare what is commonly referred to here as a court bundle.

This comprises of detailed documents both unique to your case and also documents that have been previously relied on /used in other claims.

Click on the link Ollie gave you to read about this information.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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In the letter telling me of the court date, it mentions that I need to send witness statements/paperwork to the defendant by 27 October. Is there anything I can send them?

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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  • 2 weeks later...

Barclays have just called to settle my claim. So awaiting paperwork and hopefully no court to attend!

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Would you still like me to type out the form in full?

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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Ah, but the money isn't in my account yet! I'll let you know if and when I finally receive it!!

 

;-)

RedFox

 

A&L - £435.14 Paid in Full 21/06 - COMPLETED

Barclays - £2447.87 Paid in Full 13/11 - COMPLETED

CitiCards - Offer made 4/10

Clydesdale - £400.00 Paid in Full 17/11 - COMPLETED

MBNA - £800.00 Prelim Sent 28/11

Black Horse - £150.00 Paid in Full 26/11 - COMPLETED

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