jster v woolwich

[e28bigalbexley]

Hi Jester.

I think it could do no harm in asking to settle before court, on several points, Saving the court time, The Overiding Objective, also the fact that they have never defended one case in court.

On the question of extra incurred charges it would probably be best to start a whole new claim for them, i have.

 

AL:)

[jster$$$]

Thanks AL. you've been a star:cool: . I'm going to draft a letter will post it here when i'm done, if you wouldn't mind having a scan through it and let me know your thoughts:D

 

Jster

[e28bigalbexley]

Will do:D

[jster$$$]

I am thinking of sending the following letter to barclays.

 

Legal and Compliance

Level 29

One Churchill Place

London

E14 5HP

 

Re: Jster - v – Barclays Bank t/a The Woolwich

account no, xxxxxxxx

claim no 7QZ25540 and filing date 28/02/07

 

With regards to my claim against Barclays Bank t/a The Woolwich you should be aware that we now have a court date for the 20th July 2007. I am mindful of the vast number of claims with which you are currently dealing with. Should you wish to review your position with regard to the charges made on my account then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting anymore of the court’s valuable time.

 

I can be contacted on xxxxxxxx or xxxxxxxxxx or you can email me xxxx@xxxx

 

Yours sincerely

 

does this sound ok?

 

I'm sure they wont respond but thought it would go for me as it shows i'm still trying to sort it out before going to court!!!!

 

i will still phone them nearer the court date.

 

any advice welcome

[e28bigalbexley]

Hi jester

Yeah sounds fine. But they normally dont seem to respond to settling untill about 3 weeks before the hearing, but hey, its worth a try:wink: .

Better in your pocket than theirs:)

 

AL:)

[kiminnorwich]

Hi Jster, I also have a Prelim hearing date for the 7th June, I received the letter last Fri so not far away. Getting quite worried, even though I'm confident they will settle before its still scary!

I going to use your letter if thats OK as I havnt sent anything yet,

I'm also going to send a witness statement, draft for directions and try and get a copy of all settled cases so the courts can see how much time the banks are wasting!!

 

I'll follow your thread and see how you get on.

 

Good luck! Kim

[jster$$$]

hi kim,

 

please feel free to use anything on here i really hope its helps.

 

if you find a good list of settled cases please forward in my direction. also with regards to witness statement what will you be sending as i have no clue!!!!:o

 

good luck

[jster$$$]

update

 

i phoned barclays litigation dept to see if they were ready to settle and got an anwser machine so down went the phone (i hate speaking on those things!!!) about an hour later i finally plucked up the courage to phone again with a note of what message i was going to leave and a katherine ashton anwsers the phone.

 

so i gave her my name and she says i see you have a court date. would you be able to email a schedule of your charges....yes i say. she says she wont be able to do anything this week as she has lots of settlements to sort out but aims to get back to me sometime next week.

 

she said she will email with an update of my claim.

 

so looking good. (i hope)

[jster$$$]

update from yesterday:D :D ..........................had an email from kate this morning offering me about £400 less of my claim. i emailed her back saying her figures seem wrong compared to mine and attached another copy of schedule. about 2 minutes later received revised letter with the full amount!!!!!!!!!! signed and email back the offer crossed out confidentiality part.

 

so i will wait for funds to clear in my account before i start posting that i've won. :D

 

i'm still shocked that she was so quick as my court date isn't until 20th july.

 

massive thanks to all who have helped me specially BIGAL and MB.

[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!!!

[jster$$$]

Many thanks MB.

 

still full of questions;)

 

is there a template letter to sent court or shall i just make something up along the lines of bank have settled sorry for wasting your time etc etc.

 

also should i send one to the bank as well or just let them know i have discontinued court action.

 

i wont be doing anything until i have the money as i have heard some bad stories:mad:

 

will complete survey and a donation is certainly on its way very soon.

 

what details do i need to send a mod?

 

sorry for still being dumb;)

[Michael Browne]

Your name v Bank Name

Claim number: XXXXXX

Issued: xx/xx/xx

Court: MCOLor XXXX County Court

Charges: £XXXX

Interest: £XXX

Costs: £XXX

Total Claim: £XXXXX

 

Something along these lines:

The Court Manager

xxxxxxx County Court

Court address

Postcode

 

Dear Sir/Madam

 

Claimant Your Name v Bank – Claim Number - xxxxxxx

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £xxxxx.xx.

 

As such, no further action is necessary in respect of this claim.

 

I would like to record my thanks for all the help I received from the staff at the County Court in the pursuit of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

Yours faithfully,

[jster$$$]

Perfect as usual:)

 

Thanks

[WormHasTurned]

...had an email from kate this morning offering me about £400 less of my claim. i emailed her back saying her figures seem wrong compared to mine and attached another copy of schedule. about 2 minutes later received revised letter with the full amount.

 

Very useful information, thank you.

[welshcakes]

jster$$$ - extremely happy for you and very jollyfied by the part "she says she wont be able to do anything this week as she has lots of settlements to sort out". Nice to know they are just bulk settling and in such numbers as to keep people like Katherine Ashton busy f/t...good sign for us customers.

[jster$$$]

It is official I am a winner........... :D

 

funds in account today.....yipeeeeeeeeeeeeeeee.

 

donation on its way. (i have just set up a paypal account so have to wait a few days for it to be set up)

 

massive thanks again to every member, helper and mod. big huge thanks to MB and BIGAL.....again!!!!!

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the 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!!!

[plum70]

I have received a date through from the court for a preliminary hearing, do you think I should phone Barclays and tell them the date, I know I am im[ptient but am bored with waiting now, they just seem to be dragging it out, does anyone know what paperwork I should take with me, don't want it to be another Lloyds scenario !

[e28bigalbexley]

Well done Jster

You stuck at it and got the reward you deserved.

Congratulations.

Now whos got a big smile

AL:)

[bigmama59]

CONGRATULATIONS:)

 

Hopefully mine won't be too far behind yours