General Form of Judgment or Order

[Talia36cdf]

i made a claim against Barclays through money claim online on Friday 27th October as their 14 days after LBA was up and today received a letter from Barclays making an offer for a partial settlement. Do I need to send a rejecrion letter if so what do i need to say 'cos court proceedings are now underway or do I ignore their letter and wait for the claim to be settled through the court.

Many Thanks

[bram stoker]

You must reply. I believe there is a template you can adapt from the library on the site. Personally I would return it and state that you cannot accept it as a settlement and will continue down your present course of action, unless they wish to settle the claim in its entirity.

 

Good luck.

[Talia36cdf]

Head Office Customer Relations

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

3rd November 2006

Your reference: xxxxxxxx

Re: Account number xxxxxxxx

 

Dear Laurence White

 

Thank you for your letter dated 27th October 2006 which was received by me on 31st October 2006. I respectfully decline your offer of settlement as I had already instigated a claim in the County Courts once the 14 days you were given to respond in my last letter had expired. (14 days expired 27th October)

 

 

Yours faithfully

 

 

xxxxxxxxxx

 

Would this letter be ok to send to Barclays

 

 

[Welshman]

As you've already filed with MCOL, your letter looks OK.

[bram stoker]

No. Even if you raise a claim you must be prepared to settle out of court. You need to tell them you will do so for the full amount. You seem to tell them that you are only going to settle for a judge's decision. We are encouraged by the small claims court to agree out of court if possible.

 

"Continuing down my present course of action" is a good phrase. Let them know you WILL settle, but for the FULL amount.

[Talia36cdf]

Dear Laurence White

 

Thank you for your letter dated 27th October 2006 which was received by me on 31stOctober 2006. I respectfully decline your offer of settlement and will continue down my present course of action as stated in my letter of the 13th October 2006. I have already instigated a claim in the County Courts as the 14 days you were given to respond in my last letter have expired.

Vampiress, Is this any better

 

 

[bram stoker]

It is my personal opinion to reject the offer, but I advised you to look at the library. This is the letter here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html#post200477

 

You can adapt this if you wish. You don't need to tell them you've raised a claim, they will know already.

 

EDIT: I've changed my opinion. You should accept offers as part-settlement in order to mitigate losses. You need to confirm with your bank first that they agree it is only part-settlement before accepting any money though.

[Talia36cdf]

I am making a claim against Barclays for the return of bank charges and followed the step by step advice as provided by this site have recently reached the point where Barclays have entered a defence then today i received a "General Form of Judgement or Order". I know that this means that all the bank charge claims will be heard together on the 21st December but am not sure what i need to do. a written representation may be made at least 7 days before the hearing, which means i have to submit something by tomorrow or i can attend on the day. Any advice would be welcome as having come this far i don't want to give up.

 

Many thanks

Natalie

[Bookworm]

What does the order say exactly? Please post it here, we can't advise on the title only.

[Talia36cdf]

Before District Judge R LL Hendicott sitting at cardiff County Court. cardiff Civil Justice Centre, 2 park Street, Cardiff

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed with in seven days of receiving it.

 

IT IS ORDERED THAT

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour J G Hickinbottom, on the 21st December 2006 at 10.30am at Cardiff Civil Justice Centre, 2 Park Street, Cardiff.

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

Dated 08 December 2006 (received yesterday 131206)

[Bookworm]

Ok, so yes, it a directions hearing. It doesn't mean that there'll be a bunch of claims unless you have found others on the forum (which is likely, and it does ring a bell), but it a hearing for the judge to decide whether to allow expert witnesses, etc...

 

Have an advanced search for threads with "directions hearing", there's about 1/2 dozen of them and have a good read to see how others are handling it.