betty_lo Vs barclaycard ** WON **

[betty_lo]

Have you been given any directions, or is it just a Case Management Conference?

 

i'm not sure. this is how the letter reads ur case has been transferred to the london mercantile court, which is based blablabla. please see, for guidance, cpr 59 and the practice direction.

 

ur case has been allocated the number blablabla this number to be used in future correspondence.

 

there will be a small claims hearing in this case and in several others which raise the same or similar issues at left blank on left blank 2007. the hearing is intended to give directiosn for the hearing of some or all these cases in a which saves time and expense. it is hoped that all parties will attend but if this is not practicable the court will be pleased to consider the written views of any party provided that these reach the court by no later than left blank

 

although some of these cases have been allocated to the multi track, it is the provisional view of the judge that the costs rules for the small claims track should apply to all of them.

[alanfromderby]

Okay.

 

It will be for directions, and will not be the trial. It is always advisable to attend any hearing - but, clearly the judge is happy in this case for a written response.

 

Assuming that the case is not settled in advance, they will have a large amount of claims listed for the same time, and the judge will probably want to deal with them in batches relating to each bank.

 

If you do go, take all your paperwork with you, and read through the legal arguments before you go - it will help you to understand the heated discussions that will undoubtedly be going on between the judge and the banks legal team!

 

Other than that, really I would not expect you will have to do, or say, very much at all.

[betty_lo]

thanks alan.

[betty_lo]

below is the letter that i've received this morning. i had written to them earlier this week in anticipation of my hearing at the london mercantile court on 20 february to prompt them to pay, however when i put my total claim amount, i forgot to include the interest due since the court claim was issued or £56.44. as i am not prepared to accept the terms of their letter regarding confidentiality and payment methods, is it still ok to include the extra £56.44 in the reply letter i will forward later today?

 

i refer to the above proceedings.

 

as you will have seen from our defence, we consider that your claim lacks merit and that it will fail. in particular, we disagree with your legal analysis that the charges levied to your account with barclays amount to penalty clauses and are unfair. we do however, recognise that it is not cost effective for either party to take this matter to trial. therefore, in order to avoid the inevitable time and cost associated with pursing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs totalling £475.74 subject to the terms set out in this letter.

 

this offer to pay £475.74 is in full and final settlement of yoru claim and is strictly without any admission of liability on our part. by accepting this offer, you also agree that the existence and the terms of this offer are confidential between us.

 

if you agree to the terms of this letter, please sign and return a copy of this letter to me at the above address within the next 7 days. you will also need to notify the county court, in writing, that you have discontinued your claim against us. please forward a copy of your letter to the court when you return a signed copy of this letter to us.

 

payment to be made to your barclaycard account.

 

should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

 

i look forward to hearing from you.

 

ys

dino papaevripides

 

[betty_lo]

*bump*

[alanfromderby]

It depends on what else you said in your letter. If you offered them terms for a settlement, and they have agreed to those terms, then you are on shaky ground.

 

However, if they have countered your offer with their own offer - which I would suggest would be the case, as I cannot believe you would have offered confidentiality, then you can quite reasonably refuse that offer and add any extra amount onto your next letter.

 

Incidentally, by posting a copy of their letter on the forum, you have already effectively broken the confidentiality term, and therefore cannot legally agree to it anyway.

[betty_lo]

It depends on what else you said in your letter. If you offered them terms for a settlement, and they have agreed to those terms, then you are on shaky ground.

 

my letter was only to say that i would attend the hearing and i added the following at the end as a reminder:

i also attach an updated schedule of charges and interest, which at the time of writing this letter amounts to £425.74, bringing my claim to a total of £475.74 including court fees (excluding administrative and research costs).

so, i guess i can't really go for the accrued interest, as the amount offered matches that of my letter?

[betty_lo]

*bump*

sorry to pester the mods out there. i have just drafted up my reply to their settlement offer. based on the above, shall i include the accrued interest since the claim was filed or take my money and run?

[betty_lo]

ok. so i emailed my reply rejecting the terms of their offer and adding accrued interests to date. got an email a few minutes later accepting my conditions. cheque is on its way and so will the donation to the site when funds have cleared.

[alanfromderby]

Excellent news, it's been a bumpy journey at times but finally you are in sight of the finish line.

[betty_lo]

indeed, it has. again, thanks heaps for your help and advice.

[Coombep]

Thats a great result Betty - Congratulations.

[betty_lo]

thank you coombep. two claims down, three to go!

[betty_lo]

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