Barclaycard - **Penalty Chgs repaid with Compound Int; defaults removed** (probably)

[slick132]

Hi Martin and thanks for the update.

 

I assume agreement reached but Confidentiality applies so you can't tell us any more.

 

Well done on reaching an acceptable settlement.

 

[martin2006]

Thanks slick, you are correct that i cannot disclose any of the terms of the TO due to confidentiality written into it.

[slick132]

Hi Martin,

 

I understand and have amended the thread title to reflect your (probable) win.

 

[HP Mum]

May I ask how one "tweeks" a TO????

[slick132]

Hi Mum,

 

I've just replied to you in response to the post on your own thread.

 

Best discuss your case there.

 

[martin2006]

May I ask how one "tweeks" a TO????

 

Hi Mum, yes you may ask, you simply communicate that the TO isnt quite what you agree to and ask them to add or remove whatever your unhapoy with, they then either agree and amend or refuse and you carry on with rejecting the offer.

[martin2006]

Hi Martin,

 

I understand and have amended the thread title to reflect your (probable) win.

 

 

Thankyou Slick

[martin2006]

TO returned by court with notes that:

 

"If the parties wish the schedule to be kept confidential between the parties and not to be kept/placed on the court file, the TO should be amended"

 

Also refers to chancery division as linked below and in particular para 4

 

 

https://www.justice.gov.uk/downloads/courts/chancery-court/chancery-division-extending-time-limits-sealing-tomlin-orders.doc

 

 

Personally i dont mind if its confidential or not.

[HP Mum]

I checked out the link you mention.

 

 

It says: To ensure that the claim is purely a money claim, the solicitors for the parties must include with the request for an order the following wording:

“We certify that the only relief sought in this claim/counterclaim is the payment of money including any interest and costs, and that no ancillary relief has been sought at any stage”.

 

 

So does that mean that any negotiations on any TO should include this wording?

does this potentially prevent the confidentiality clause?

 

[martin2006]

No it doesnt mum, it only applies to TO 's which are specifically for money only and that do not include "other" terms, for example, cra data removal, hence the term "ancillary relief"

[martin2006]

Strange tho that TO's were originally designed not to be used for only money relief

[HP Mum]

but if someone is only claiming penalty charges and CI and not removal of any data - then should this wording be used?

[martin2006]

Yes basically, thats what the chancery division is stating

[HP Mum]

So - taking this further - even if one signs an initial confidentiality clause within a TO, does this mean that the papers will get returned and the wording changed to include the above quote - which in turn then means confidentiality doesn't count ?

Just checking.

Not sure if it affects me, but good for everyone to know...

[martin2006]

Well thats it in black and white but depends on the judge on the day.

 

Whilst there are rules which appear to be rigidly adhered to, that is not always the case as we have seen many times with other areas in cpr