Barclays promise???

[betty_verbena]

OK, Here's the deal.

 

I've done all the usual stuff and have a court date of next Monday, Barclays have sent a letter offering to pay as long as I sign a letter they've sent with a confidentiality clause and write to the court saying I'm ceasing the action against them. They say they will put the money into my account when they get copies of these.

 

Er... WHAT account??? I closed it 2 years ago!!!

 

Soooo.. a couple of questions.

 

1. If Barclays say they're going to pay AFTER they I stop the action will they actually pay me?

2. Has anyone else been paid after they stopped the action? i.e. have Barclays done what they say they're going to do?

[Curlyben]

Remember, Money FIRST cease action SECOND.

Never take their word for anything.

 

Maybe worth giving their litigation guys a call.

There's a thread on here with all of their details.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html

 

Oh yes and never agree to a confidentiality clause !!

[dar£n]

1. Cross out the confidentiality clause.

2. cross out the paid into your acoount and change it to your preferred method of payment.

3. cross out the court action bit and replace it with you will discontinue ONLY when you are in receipt of cleared funds for the FULL amount.

4. Change the amount if it doesnt match your figure.

 

If you can scan it, send it back via email. to the Litigation Team

[Bookworm]

Do NOT stop your claim until after they've paid. If they decide to play stupid, you're stuck.

 

Score out the confidentiality part. They put it in there, but pay up anyway if you score it out.

 

Insist on payment by cheque, and warn them that you will only discontinue court action on receipt of CLEARED funds, so when cheque has cleared in your account.

 

Stand your ground. Don't take any rubbish from them, even if they sound like they know what they're doing.

[Bookworm]

Ooops, people typing faster than me here.

[Curlyben]

Yep, too slow there Bookie

[dar£n]

yes Bookie but the good thing is we're all saying the same thing......nothing worse than conflicting advice to confuse the newbies..

[betty_verbena]

That was quick I posted this expecting a reply some time today or tomorrow.

 

So I sent them an email saying basically what you'd said except that I'm not particularly bothered about the confidentiality bit as long as I receive payment BEFORE the court date. Once it goes to court it's a matter of public record anyway so any confidentiality clause would be rather after the fact.

 

I wrote:-

'I note your comments concerning your unwillingness to take this matter to court. Let me point out that I am more than willing to take this matter further if the need arises.

 

Nevertheless I am willing to settle the matter on receipt of £xxx direct into my bank account, detailed below.

 

bank xxx

a/c name.: xxx

a/c no: xxx

sort code xxx

 

If I receive this amount prior to the court appointment I agree that I will sign the confidentiality agreement and inform the court that I have discontinued the case against you.

 

However, I would also like to point out that your letter is not written 'without prejudice' and I will therefore be informing the court of your offer to pay, (but refusal to actually transfer the funds in due time), should the matter go that far. You have had seven months to pay the amount you owe and I am sure the court will take a dim view, (as I do), of your bullying and delaying tactics.'

To which they responded:-

 

'Thanks for your email. I am afraid that I am unable to pass payment directly into another banks' accounts, but I can issue a personal cheque which can be used as you wish. However, before I can authorise the accounts team to draw up the cheque I need a copy of your signature on the letter I sent out. If you can get a copy of this to me as soon as possible, then I will start the process as soon as I receive it. '

The letter had the confidentiality clause and the point about ceasing the action so I'm thinking of saying, essentially, get stuffed. More appropriately, however, I wil probably say something short and to the point along the lines of:-

 

'I have already given my terms for settlement regarding confidentiality in my previous email.

 

I can think of no good reason why you can't pay the money direct into my bank account. However, if you send me a cheque today and it clears before next Monday then the case will be stopped for the simple reason that I will have been paid. I therefore suggest you stop wasting time and pay me.'

 

How does that sound?

[koalaattack]

How does that sound?

 

Brilliant!

[oneofakind]

If you want, just strike out the confidentiality clause on the letter, and anything else you don't agree with.

 

Love the no-bull***t attitude in your letter!

 

:D

[Trucker]

Tell them to stick £20 on settlement figure so you can express clear the cheque, that the only way it will clear before monday

[betty_verbena]

Cheque arrived Wednesday and was put in the bank same day. I didn't bother putting it on special clearance because it's not that large an amount. However, I had crossed out the items we discussed, i.e. confidentiality and suchlike. I wrote to the court telling them that the defendant had sent me a cheque in payment.

 

I did this because I was having a word with a friend of mine, (a solicitor), and he tells me that a cheque is, prima facie, a contract so if they bounce it I could sue them for breach of contract, (the cheque), REGARDLESS of whether my case was valid or not.

 

If that's true it might be interesting to others as well.

 

I'll let you all know if I have any problems.

 

Thanks/Regards

BV

[Curlyben]

Nice one.

Congrats !

[CAZKATJOE]

Well done congratulations you

[Trucker]

well done betty

[dar£n]

CONGRATULATIONS

[oneofakind]

Well done Betty!

 

Good thinking on the cheque... I believe writing a cheque which you know will not be honoured is a fraud, but if no-one but you knows about it, how can it be proved....?

 

CONGRATULATIONS !!!!!

 

:D :D :D

[saintly_1]

CONGRATULATIONS

[vincymum]

Cracking. I laughed so hard when I read your letter to the bank! Congratulations, congratulations, congratulations! Simply brilliant!