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settling out of court


dar£n
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Hi, I am getting a lot of questions about what to say to Barclays when asking them about settling before the big day.

 

First of all, it really isnt worth contacting them until you have a court date and it is around 10 days before.

but saying that, nothing ventured nothing gained.

 

There isnt really anything specific you need to quote, just be yourself, be polite , stay calm and BE PREPEARED.

 

before you contact them, open your spreadsheet to get the updated amount.

[dont forget to add the fee for the AQ if you have had to pay for it.

 

In my signature there is a Barclays Contact, I know I praise Krysta a lot, but she IS VERY VERY good and very polite.

Barclays DO NOT talk down to you when you cantact them ,they want this sorting as much as you.

 

Contact Krysta either by phone or email [she does answer emails quite quickly] and ask for a contact number or address for the person who is dealing with your claim.

 

If you are experiencing problems with B's saying they are going to settle but are not actioning it, here is an example of an email you could send

 

subject heading.[Re: Attempted Settlement]

 

[claim number]

[date of hearing]

[county court]

 

This is your final attempt at settling this dispute.

I realise that Barclays disagree with my legal analysis that the charges levied to my account amount to penalty clauses and are unfair but you must realise that the sum that is at issue here [state the amount at todays figures] is relatively modest and as such, it is not cost effective for either of us to take this matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am prepared to settle this claim upon immediate payment of all charges applied to my account, together with statutory interest and costs totalling [amount].

 

Once I have the cleared funds in my account I will instruct the court to stop all proceedings in connection with this claim.

 

Therefore I respectfully inform you that if I do not hear from you by 1200hrs today [date] I will not enter into any further discussions with Barclays and will allow DISTRICT JUDGE [NAME] decide on [court date].

 

This communication will be submitted to the court as evidence of my attempts to settle this dispute out of court.

 

I Look forward to hearing from you shortly.

 

Regards

 

 

[your name]

  • Haha 1

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi, Dar3n.

 

To answer your question, I don't think that I can put this in the templates, because it is specific to Barclays. No other bank handles it like they do, systematically settling shortly before the hearing, and I feel that inserting it in the templates will unavoidably mean that some non-Barclays users will try to use it. While this in itself should appear to be no big deal, the expectation that the bank will settle may lead some people into not preparing properly, which for some banks (Citi springs to mind), could prove catastrophic.

 

From my personal point of view, I absolutely refuse to contact them again when I have given them every opportunity to settle over the last 6 months or so. As far as I am concerned, THEY don't want to go to court, THEY can bloody well contact me to settle! :mad:

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THEY can bloody well contact me to settle! :mad:

 

Made me laugh....

 

Yes I agree with you now, we dont want to encourage people to take shortcuts, I have already advised several who are thinking about not completing their bundles cos theyre not being used... dangerous path to take.

 

I think some look for the 'quick fix' and unfortunately with Barclays, there isnt one, its the way they operate.

 

should I edit out the letter and replace with 'email me for an example' ?

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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No, I don't think so, it is in the Barclays forum, so likely to be seen mainly by Barclays people... YOu just never know who it might help out.

 

I should say thanks for making the effort, though, it was nice of you. :-)

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