Mazza v Barclays **WON**

[mazza]

postal strike today so no letter!!!!!no one answering phone at B either-made an error on previous post account closed in april06 not this year-can an account be defaulted without notifying customer

[mazza]

emailed barclays asked them to email me a copy of letter-same done but £200 short of figures I have-the say if I dont accept this ammount in final settlement they will forward letter to court-i have checked statements and charges are correct worked out interest via website calculater and come up with final amount-if calulater correct then barclays wrong-what do I do

[mazza]

contacted barclays agreed to full amount letter faxed back-will put check in post-wont remove default as legal dept wernt aware my account had defaulted-Tom did say I had to have been served with notice other wise they coulnt do it advised me to contact customer complaints -just awaiting cheque!!!!!!!!

[mazza]

offered settlement in full on fri 13th-no longer have B bank account so will be sent a cheque..not recieved as yet the prob is hearing is on fri 20th july-not sure what to do-contacted b not sure when wil recieve cheque -as soon as they can do it blah blah--do I slill need to go to court-dont want to cancel proceedings in case b dont send money at all

[welshcakes]

HI mazza

 

THere is a thread on this forum in which Saintly kindly posted a letter for the Claimant in similar situation to take along to the judge... it basically asks for a 7 day Stay pending promised settlement. The purpose was to provide the Defence time to send the cheque and for it to clear into the Claimant's new bank account.

 

B's have left this very late in the day though this sadly is not unusual.

 

Definitely still attend the court date - always comply with the court expectations.

 

Will try and find that leter and post it on this thread for you.

[oneofakind]

You may not even need that. I was in the same situation, and showed the Judge Barclays' offer letter. He immediately stayed the case pending the arrival of the settlement, and I received it 2 days later.

 

[mazza]

thanks welshcakes

[slick132]

Mazza, Defo go to Court with B's offer letter.

 

You could also write to the Court as follows taken from my case but adapt to suit for you:-

BY HAND

The Court Manager

 

XXXXX County Court

 

2nd Floor

The Court House

Wherever My ref CAG/chgs/je

Kent

Postcode 11th July 2007

Dear Sir or Madam,

Claim No. 7XXXXXX

Slick v Barclays Bank PLC

I write to confirm that settlement has been reached between myself and Barclays Bank PLC in the sum £x,xxx.xx which includes al my reclaimed bank charges, s.69 interest and Court Fees.

Despite an assurance from the bank that a cheque would be sent to me by xxth July, I have yet to receive it.

May I respectfully ask that the Court makes a short adjournment of 7 days to allow Barclays to pay in full.

I will let the Court know immediately when the settlement is received and will hopefully have to take up no more of the Court’s time in this matter

I am grateful to the Court for giving me an early Hearing date as that is all that was required for Barclays to agree to settle my claim in full.

Yours faithfully,

Slick

[mazza]

Thanks for advice people-getting twitched cos have signed settlement offer and was verbally told would have cheque begining of this week but nothing in writing. It is now looking like I will have to take Fri off work which will cost me money and I havent claimed for it . Left 6 messages et B today and sent email with no response

[slick132]

Mazza,

 

You're not unique here - loads of folks have been promised money but are left waiting, even beyond their Court dates. I think B's are just snowed under by sheer volume of cases and there's a delay from the authorisation by the Lit'n Team to the pay't being made.

 

The problem then worsens exponentially as Lit'n are swamped by peeps calling and emailing. Last week, I was told they are not even looking at emails and just concentrating on the files on their desk.

 

Hope cheque comes soon, Slick

[saintly_1]

Perhaps they need more staff ;-) Tho some tend to leave rather suddenly ;-)

[mazza]

still no money from B managed to finally get hold of TH yest who said he hoped i would get money soon but could take up to 2 weeks -I was told Iwould get it before court-so went to court today

Advised Judge settlement agreed and that B had failed to pay and requested ajournment to allow B time pay-case ajourned to next available date-prob 3-4 months

Does that mean if B dont pay in next 2 weeks i have to wait 3 months to do anything about it-was with judge for bout 30mins despite settlement agreement.are we allowed to discuss specifics bout what was said in court via threads or is it to remain confidential?

[saintly_1]

you can post what was ssaid in court ...... its not bound by confidentiality

[slick132]

Mazza,

 

Let us know what the Directions Order says when you get it from Court.

 

My own case was "postponed" for 8 weeks to allow B's to settle (which they did promptly) but I could go back before at any time to ask for Judgement against B's if they failed to pay.

 

TH is taking the Mick saying it could be another 2 weeks. Have they all just lost it at Lit'n?

 

Good luck, Slick

[dar£n]

Can you keep to using one thread for your claim please, makes it easier to get the background of your claim....thanks

[dar£n]

Have they all just lost it at Lit'n?

 

I dont think they have lost it, and by no means am I defending them.

but youve only got to look at the amount paid back to claimants on this site alone to see how busy these guys are.

if you think about it.

I completed my claim in April? which was when MOST were just starting out [following the Whistleblower tv program] since then there has been such an influx of these claims and they are now all coming to closure at the same time...and there is no let up and even last night with the Martin Lewis documentary jobby on tv, this will start a NEW wave of fresh claims.

 

The Lit Team used to be quite responsive but now cos they are being bombarded with telephone calls/ emails etc they are ignoring them in order to get through the claims that are [supposedly] being sorted in chronological order....not only that the accounts dept are also over run..

 

Again Not making excuses but just trying to point out that the settlements are not as smooth as were a few months ago.

[dar£n]

was with judge for bout 30mins despite settlement agreement.

Sounds like you got his respect for turning up..not like the defendant.

are we allowed to discuss specifics bout what was said in court via threads or is it to remain confidential?

Any advise/directions the judge will give would be on a general issue basis which will apply to ANYONE in the same position as you, as long as you dont go quoting account numbers, names etc you'll be okay.

[mazza]

ok thanks Dar£n-sorry bout threads only just figured out how to use them!!!!

[mattfeisty]

I had this problem. After a lot of arsing around with Barclays, I had had enough and simply took them back to court. If somebody makes you an offer and you accept it then a contract is formed (bit of basic law from my uni course!). So when Barclays offer you settlement out of court, you accept and they don't pay, they are in breach of contract.

When I put in my second claim on this basis the judge struck out Barclays defence (the dimwits filed a defence based on the legality of the charges!) and ruled in my favour without me even having to go to court. I now have the power of a court judgement against them and Robert Saunders at Barclays informed me on Thursday that he had my cheque in his hand and I should receive it by today.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/78871-successful-claimants-warning.html

[pat69]

anybody actually recieved a cheque from b,s without hassle??

[slick132]

Mazza, Sorry for the hijack.

 

Pat69 - anybody actually recieved a cheque from b,s without hassle?? Yes I did, luckily, but I think it's got much worse since then. I was lucky to get a short- notice hearing and the Lit'n Team sorted me out V quick - see here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/70074-slick-barclays-business.html

 

However, recently things have got much worse and I'm with Dar£n on this. I'm not defending B's but you have to recognise the huge volume of cases they're trying to d/w and the problems this is causing them.

 

The result - they surely have to prioritise so they ignore emails and phones and try to shift cases off their desks before the Court dates. Lit'n agree to settle but then pass on the buck to the peeps responsible for putting money back in our a/c's. The money will come through but with delays.

 

And they are now settling far closer to Court dates (or after!). Keep at it and good luck, Slick

[pat69]

I am awaiting Cheque too Mazza, kinda need closure here this has took ages but will be worth it when cheque lands. Paul q said it could be up to 2 weeks but a few other threads advise that they speak with fork tongue after settlement fingers crossed (need a holiday) by the way congratulations and i hope you get your finances sorted for the long term!!

[mazza]

I understand what you guys are saying -more people are now claiming since whistleblower and after Martin Lewis on telly again Fri next round will start but I sent for statement 30th Aug 06 so I think B have had plenty of tome to sort this!!!!

[saintly_1]

I would just keep phoning them .... state that you are still adding the interest as it has now been nearly 2 weeks since they agreed to settle .... They wouldnt wait patiently for any money due to them

[jopickett11]

sorry to but in on this thread but i am right in thinking then that everyday they dont settle i keep updating my spreadsheet and give Barclays revised figures?

Ta Jo Jo