Baclays Partner Finance- Default Charges CourtClaim issued

[mariner51]

You can either accept or decline Barclay's offer/seek legal redress. Any reply is yours alone, even if provided by us.

Whether you remain a Barclay's customer is your decision.

Edited October 2, 2016 by Andyorch
edited

[slick132]

Hi EWGM,

 

IMHO you're over-thinking this.

 

All you need do is reply to the offer saying, "I am not willing to accept your latest offer and will continue with my court claim."

 

Sending a complaint to Barclays CEO is a waste of time. You've started court action against the bank and it's their prerogative to use internal or external solicitors to defend. They're entitled to make whatever offer they want at any stage.

 

Your court claim is very important to you but, for the solicitors, it's just another file to deal with during their working day. If they pay with 14 or 28 days, it doesn't matter so long as you're happy with the offer made.

 

If you can be more objective in dealing with your claim, you'll be better placed to focus on the important issues, and ignore those that are not.

 

You didn't reply to my Q about preparing your evidence in my last post.

 

[ewgm]

Ah, now I see what you're saying.

 

I know they're not offering to settle as per your PoC.

 

Any agreement as regards settlement of your current case would include matters arising up to now. You would NOT be signing away your right to take court action in the future regarding other issues that may arise.

 

I do NOT think you should accept their current offer if you're not happy about it. Stick to your guns and they are likely to offer more before a hearing.

 

Have you started to prepare the evidence you'll need to submit to court and the bank (normally) 14 days before the hearing date set by the court ? Get started on this in good time or you'll be panicking to put it all together by the due date.

I have started the court bundle and is nearly ready as I referred to your statement somewhere in the forums that BPF bundles is similar to BC isn't?

 

I have also noticed that I took the Barclays solicitor offer very personal. I have to come down now and took this matter more objectively.

 

Thanks @slick132

[slick132]

I have started the court bundle and is nearly ready as I referred to your statement somewhere in the forums that BPF bundles is similar to BC isn't?

 

Yes, your evidence for this BPF case will be similar to that used for reclaiming BC penalty charges. However, you need to ensure that you adapt the evidence carefully to reflect that your BPF case is a claim for refund of penalty charges on your bank loan a/c.

 

You can prepare all the doc'ts and store them on your computer. You only need to print out 2 copies when they are to be Filed and Served in accordance with the courts' Directions. You'll only print out the 3rd copy if it's needed for you to take when going to the actual court hearing.

 

[ewgm]

Hi @slick132

 

The mediation team sent me a letter and advised that I will receive court directions within 8 days but I have not received anything yet.

 

Thank you Sir for the directions and I will update you once I complete the court bundle process.

 

Rgds

 

ewgm

[ewgm]

Hello @Andyorch, @slick132 and @martin2006

 

I'm back again for another update on the claim. I have received the court date for healing which is in the 2nd week of January 2017. I have paid the court fee for hearing on Monday.

 

Today I have received another offer from Barclays solicitor contains this statement;

 

"....... in full and final settlement of all and any claims that the Claimant has, had or may have against the Defendant in connection with the facts and matters raised in the Claim and any other matter arising out of or connected with the relationship between them, whether or not presently known."

 

"...hereby immediately, unconditionally and irrevocably withdraws and release any claims, complaints, commitments, obligations, liabilities, or issues (if any) however arising against the defendant and its agents and representatives, arising out of or in connection with the Claim and/or any other matter arising from the relationship between the Parties."

 

Please help me what are they intent with those statements? Bear in mind that I'm still holding personal and partners account with them. I have also file a complaint to Financial Ombudsman Service against Barclays for charges error on my personal account.

 

My main concerns is violation of my rights in the future, please help

 

ewgm

[martin2006]

Its basically stating that if you agree, then you cannot start a separate claim against another account you may hold with them.

 

Fine if you have no other dealings with them but absolutely not if you have other accounts, it would give them cart blance to add charges in the future without you being able to do a thing about it.

 

Personally i would write back rewording it to be specifically about the account in question, otherwise you must reject the offer under those terms.

Edited November 24, 2016 by martin2006

[AndyOrch]

Simply state " okay but only applicable to account number xxxxxxxxxxx "

[slick132]

Hi EW,

 

Have they offered you an amount close enough to your claim total for you to consider accepting ?

[ewgm]

Hi EW,

 

Have they offered you an amount close enough to your claim total for you to consider accepting ?

 

Hi @slick132

 

The amount is closer enough to my claim total and considering to accept it. But with those conditions attached I'm thinking kind of selling my rights, isn't?

[slick132]

Remember, this is YOUR claim and you can decide what to accept or not including any terms/conditions.

 

Others have already told you to alter any acceptance so it refers only to this account.

 

Unless the bank or sol'rs agree to what YOU reasonably want, continue the claim for now.

 

[ewgm]

Hi @slick132 @Andyorch

 

Barclays solicitors contacted me today asking whether I am willing to accept their offer but their client insisting on this condition;

 

"........... the claimant hereby immediately, unconditionally and irrevocably withdraws and releases any claim, complaints, commitments, obligations, liabilities or issues (if any) howsoever arising against the defendant and its agents and representatives, arising out of or in connection with the claim."

 

I did reply their first email and insist should only be applicable on the account which I claimed, but still Barclays insist on the statement above. Also, in our joint account my Mrs sent a formal complaint about the account's mismanagement.

 

I don't want to accept something which might cause problems in the future.

 

Please HELP!!!!!!

[slick132]

It says, " .......... arising out of or in connection with the claim."

 

So any other issue that is NOT connected with the current court claim could be the subject of another action.

 

The only thing you could NOT do is make a further complaint/claim for refund of default charges on THIS account.

 

[ewgm]

It says, " .......... arising out of or in connection with the claim."

 

So any other issue that is NOT connected with the current court claim could be the subject of another action.

 

The only thing you could NOT do is make a further complaint/claim for refund of default charges on THIS account.

 

 

Thanks @slick132

 

I will accept in principle but pending on terms and conditions of Tomlin Order.

 

I will feedback once I receive it.

 

All so far

 

ewgm