Barclays still settling depsite OFT ruling

[supertrouper1963]

A couple of months back I had a "goodwill" offer from Barclays of £2300 v a claim of £3600.

I didn't feel this was enough so went down the court route, obvioulsy I'm now caught up the OFT ruling delay.

However I have contacted my local court who have advised that they are still going to hear cases which were allocated to them prior to the OFT ruling.

Today I received a letter from Barclays advising that all cases were now being put on hold but they were still prepared to honour the original goodwill offer if I withdraaw my claim.

What I wanted to ask is :

1. Do you think there is a chance cases will still be heard in court if they are in the pipeline or will a stay application be successful ?

2. Do you think I am better to take something now rather than wait and risk getting nothing ?

Thoughts would be appreciated

[dar£n]

a) if your offer is over two months old they are not obliged to honour it any more.

 

b) Some judges are ignoring the 'test case' and continuing regardless.

 

c) continue anyway cos at the very least you will be on the ladder for when the ruling is made following the test case and therefore get settlement way before all the new claimants who jump on the band wagon later.

[supertrouper1963]

With regards the 2 month deadline they have revised the date to be from the date of this new letter, so the clock has been reset.

I guess it now comes down to whether I can get a court hearing before the 2 months run out.

Do you feel I can play one off against the other, i.e go for court option, if that fails take the offer.

Will I be seen as comprimising the offer If I pursue it in this way especially if it is stayed.

[dar£n]

its a gamble only you can make.

in one hand you have an offer which you know id practically yours.

 

but in the other

 

if you wait. lose the chance to accept, get the hearing, you MAY get a judge who accepts the stay.

 

I say MAY because only some courts are standing by this ruling.

check this thread to see if your court is one of them.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/108691-success-after-oft-anouncement.html

[clubber]

Hi Supertrouper' 63, interesting post regarding honouring initial settlement as I had my hearing adjourned and the stay refused on the grounds I had accepted the initial offer on the last day of the 8 weeks which Barclays then withdrew due to me taking court action. I am confident their offer will be reinstated and I will be going for costs etc- hopefully to fill the gap between the offer and the full claim.

 

I wondered if you would be able to post an anonymised copy of that letter opn here as it would prove very useful to refer to should B's dig their heels in. Likewise I will keep you updated on my case if it helps you in any way.

 

cheers, Clubber

[clubber]

Dar£n- you remember our threads about initial offers. It appears you were right all along about honouring initial offers as B's have now withdrawn their initial offer. I am at an interesting stage however, as I used the argument of compromising settlement in court resulting in the application for a stay being refused, a further court date listed and B's having to file statements by 29th August.

 

The relisted case is purely to do with the initial offer and my argument that it was still valid when I accepeted it. Do you think there is room to negotaite for the full amount (original offer was 75%) or at the least try and add court costs (£120) plus wasted costs and expenses to the original offer? Do you think B's will pay for a barrister for the 2nd hearing bearing in mind this will cost more than the amounts they are defending?

 

Any thoughts appreciated. Clubber

[supertrouper1963]

See my new post about Barclays settling depiste court action, there is a loophole to expose if you are quick