Barclays Settlement Offer...

[sun8758]

Hi there

 

Received a letter from Barclays today offering £425 in full and final settlement of my claim for over £900. As tempting as it is to have this money before xmas (god knows i need it!), I am not going to accept this offer and will send them the Rejection of Settlement Offer letter today, however as it says in this letter that ..

 

"I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary"

 

Should I therefore sign the form that came with the letter but cross out the "in full and final settlement bit" and replace it with "as part settlement" instead? or is it enough just to send my Rejection of Settlement Offer letter by itself and follow up with the MCOL after the initial 14 day deadline since date of LBA.

 

Many thanks!!!

[bearo]

Yep, send the letter from the library, keep their letter and dont bother with returning their slip. Also yes, stick to your timetable and follow up with MCOL when their time is up.

[sun8758]

Just online now preparing the MCOL (knowing the Barclays will most likely not settle with me by the LBA deadline date). I am claiming my charges plus the 8% interest under the following text:

 

Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 10/03/2000 to

08/12/2006 of £214.91 and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £0.21p.

In the box which says Amount Claimed - shall I just put in the charges plus the 8% interest amount?

Will they calculate the daily interest rate from the date the MCOL was filed to the settlement date or do I need to add it or mention it anywhere else apart from in the text above?

[sun8758]

My eyes now hurt! .....I must have clocked up over 7 hours on this site today reading up on what needs to be done and other people's successful stories. I just hope it'll all be worth it in the end!!

 

About to submit MCOL, but really don't want to mess this bit up so would somebody out there be so kind as to take a look and check that this is in order and all that is needed at this stage...

 

• The Claimant has an account XXXXXX with the Defendant, opened June 1998 2. Since 10/03/2000 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £935.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £214.91 continuing at 8% until judgment or settlement at a daily rate of £0.21p; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Many thanks!

p.s. can we claim anything for the time we spend researching and working on our claim? If so, how much is reasonable and when do we do this?

[Spotted Dog]

This is the wording I used

++++++++++++++++++++++++++++++++++++++++++++++

 

The claimant had a contract with the defendant (a/c Your Account Num) from When it opened which was conducted on their standard terms and conditions. The claimant claims the return of £935 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Start of six years back to Nowof £214.91 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.21

+++++++++++++++++++++++++++++++++++

 

Somebody has suggested to claim £9 per hour. I think it may be best to add this in when Barclays try to negotiate the proper settlement with you (normally a few days before your court hearing date)

 

Spotty

[sun8758]

Hi there

 

Just about to submit MCOL and my text won't fit! I've tried lots to get it to fit and can't get it to squeeze in - bummer. I know where to download the N1 form but how can I find out the nearest court to me or where to drop in this N1 form - I live in London NW2.

 

Also, if i submit the court claim via the N1 form - does this mean, i can't keep on top of my claim via the internet?

 

Any suggestions for cutting the attached text down a bit?

 

1.The Claimant has account XXXXXXXX with the Defendant,opened June XX. 2.Since 10 Mar 00 the Defendant debited charges and interest in respect of purported breaches of contract.3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.4.Claimant contends a.The charges exceed the Defendant's losses caused by the breaches b.The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.5.Defendant has declined justification of charges despite request by the Claimant.6.Claimant claims:a.return of the amounts debited of £935.00 b.Interest per S.69 County Courts Act 1984 of 8% - £216.39 continuing at 8% until judgment or settlement at a daily rate of £0.21p 7.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

Many many thanks guys!

[Deller]

This POC is designed to fit in the space provided when submitting your claim through MCOL

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

[sun8758]

Thanks Deller1!

 

MCOL claim submitted on Friday 8/12 and I notice on their website it says Issued on Monday 12/12 so I presume Barclays should get served it tomorrow or the next day - will I receive something from MCOL to tell me the exact date that Barclays get served the claim so I can count 14 days from that date and also so that i can send them my updated charges schedule along with the claim number for my file?

 

Is it too soon to start working on my Court Bundle yet? should I wait to receive the AQ first - am due to give birth mid Feb so want to do as much now as I can!

[Michael Browne]

will I receive something from MCOL to tell me the exact date that Barclays get served the claim

Yes, a Notice of Issue

 

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,

[sun8758]

Thanks Michael, how do i find out the name (and address) of Barclay's solicitors?

[Michael Browne]

It will be on the Notice of Acknowledgement from the court

 

Litigation and Disputes Team.

Level 29,

1 Churchill Place,

London E14

[sun8758]

Hi there

 

Have received my AQ form in the post, along with a copy of Barclays defence (which doesn't make any sense - all legal jargon but seems to look pretty similar to everyone elses!).

 

I have completed the AQ as per the guidelines in the Templates section but am stuck on what to put into section G: Other Information.

 

Is there standard text anywhere that I can copy into here or what did other people put in this section?

 

Many thanks!

[Michael Browne]

See here:

Allocation Questionnaires - A guide to completion

 

 

Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track, which I believe will last no longer than one hour.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

 

Plus this Draft Direction Order:

 

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[sun8758]

Thank you Michael - prompt and efficient as usual!

[sun8758]

I've received a Notice of Allocation to the Small Claims Track court with a hearing date of 12 April 2007. However the directions given by the judge are not the same as I included in my Draft Order for Directions (taken from GaryH's template).

I've typed out the directions set out by the judge below - do they just basically say I just need to prepare the basic court bundle (including schedule of charges, itemised statements and all correspondance between Barclays and I). I don't think I need to include the Statement of Evidence? yes/no?

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) The copies shall be delivered by 4pm on Thursday, 8th March 2007

3) The original documents shal be brought to the hearing

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. The includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

[Michael Browne]

I don't think I need to include the Statement of Evidence?

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. The includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

[sun8758]

ok, I will include the Statement of Evidence. Do I also need to include the following Witness Statement template:

 

case/claim No: [cLAim number]

In the [insert court name] County Court

 

 

 

[insert name]

CLAIMANT

-AND-

 

[insert name]

DEFENDANT

 

 

 

First WITNESS STATEMENT

 

OF [insert name]

 

 

I, [insert name] of [insert home address] will say as follows:-

 

1.I am the CLAIMANT is this case.

2.I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges

3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.

 

5. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.

 

6. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.

 

7. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.

 

8. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.

 

8: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.

 

9. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

 

10. A list of charges applied is attached to this Witness Statement.

 

11. The Claimant contends that:-

 

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.

 

11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

 

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

 

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so.

 

Statement of Truth

I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages.

 

 

Dated this day of 2006

 

Signed

[type name]

[sun8758]

ok, GaryH has said that I only need to do one or the other, either the Statement of Evidence or the above Witness Statement so I'm going to go for the Statement of Evidence.

 

One question however, at the start of the Statement of Evidence, I refer to case law on Robinson Vs Harman 1848 but there doesn't seem to be a copy of this case law anywhere to include in support of this paragraph. Do I need to include it or can I just refer to it?

 

 

Cheers!

[sun8758]

I have a hearing date set for mid April, i submitted all my documents in time as per the court directions below. Have just called the court and Barclays have not submitted any documents. The clerk just said that the judge will take this into account at the hearing.

 

Please can somone help with what I should do next? Call the Barclay's solicitor dealing with my claim to ask for settlement in advance of the hearing or send a non-compliance letter to the court? or both?...

 

 

The directions set by the court were...

 

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

2) The copies shall be delivered by 4pm on Thursday, 8th March 2007

 

3) The original documents shal be brought to the hearing

 

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. The includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

[Donel261]

It wont go to Court so dont get too stressed, you have done everything right, this is just the way they play the game. My trial date was scheduled for 2nd April 2007, I have had my full and final settlement letter for the full amount today. Wooo Hooooo!!

 

Go to Barclays contact details and e-mail Krysta, she will forward the letter onto the person dealing with your claim. You havent got too long to go now! Sit back and wait.

[sun8758]

Thanks for the advice. What should I put in the email to Krysta? Am unsure of how best to approach asking for a settlement.