Jakena Vs Barclays**won**

[Michael Browne]

Yes just amend the LBA along the lines of:

 

Thank you for your letter dated xx/xx/xx and your settlement offer of £XXX

 

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

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[Michael Browne]

Your claim on MCOL will change from Issued to Acknowledged. They can Fax at the last minute.

[Michael Browne]

Only if your claim is over £1500

[Michael Browne]

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[Michael Browne]

Oh one more question, is the copy of defense they sent me my copy to keep,

Yes

I will put my boyfriend down as a witness

No need

unless he can just come to the court with me anyway?

Yes

 

See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

[Michael Browne]

It says decided cases and other legal material should not be filed, but brought to the hearing with additional copies for the court and apposing parties.

It's unusual for the court to ask you just to file part

and bring the rest to the hearing.

 

What does the order say Barclays have to submit.

[Michael Browne]

My reading is the same. All you have to do is provide a schedule of charges, your statements and a statemnet of evidence. Whilst barclays have to produce a breakdown of their costs and you don't have to submit a court bundle until the hearing day.

 

I would say that the judge has done this knowing that Barclays won't comply and therefore saveing you the trouble of producing a court bundle.

First time I've seen this.

 

But just to be sure I would phone the court and double check.

[Michael Browne]

can I just photocopy the pages that have the charges on that I am claiming for?

 

Yes

[Michael Browne]

I don't think they're vital at this stage. It wouldn't do any harm to include them, but personally I don't think I'd bother. Up to you.

[Michael Browne]

N225 from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=D6627515E8EDE0EE6C740F28F9B923A5

[Michael Browne]

You don't have to sign their form, send your own:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[Michael Browne]

If I don't agree to sign their form with conditions then they won't put the money in my account tomorrow I take it?

Yes they will.You make the conditions, they don't have any choice.

[Michael Browne]

Just phone them, say you don't accept their conditions and you're sending your own letter of acceptance and if they don't agree, 'see you in court'

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

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

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!