Barclays begging us to write a letter to courts to accept the set a side

[purple blue]

Hi my Husband had a succesful claim back in febuary because barclays defaulted on the claim didn't send back the acknowledgement form. WHEN HE RECIEVED THE MONEY BACK we sent a letter to the courts be for the court date to say they had paid us in full. at the time barclays had asked the court for a set a side and barclays told us that the courts had agreed with it, but this was before any court hearing. we hadn't got this in writing.

 

Now we have got a court date for december for the set a side, barclays just phoned us asking/begging us to write a letter to the courts to say that we agree to the set a side because the courts stoke it out/they won't give them one and they don't want a default judgement entered. Well it has been already.

 

What do you think we should do.

[patrickq1]

let them sweat for it tell them you dont accept phone calls but if you want to be as fair as they were then do nothing just remember your worries and what did they do for you this is my opinion only

[steven4064]

they don't want a default judgement entered.

Tough cookies!

 

IMHO, you should not comply with their request. However, you should start getting stuff together for the hearing and it would probably be wise not to spend too much of the money until things become clearer.

[dar£n]

I agree....when you initially requested your charges back did they comply?

 

erm no, it was only when threatened with court action they backed down.

 

Leave it up to the courts, they dont have a leg to stand on if they have settled out of court and they know it.

[purple blue]

Thanks guys,

just one question, in the conversation my husband told them he would write the letter does that matter.

 

I personally don't think we should write a letter for them, because when we initially started the recovery proceedings, they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn even thought they knew that his wages went in there every month and cleared the over draft. So we couldn't pay our motgages and other bills.

[steven4064]

If they ask why he hasn't written the letter, just tell them you have taken advice and realised that what they were asking was unreasonable, so you changed your mind.

[patrickq1]

I personally don't think we should write a letter for them, because when we initially started the recovery proceedings, they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn even thought they knew that his wages went in there every month and cleared the over draft. So we couldn't pay our motgages and other bills

i am quite sure had they not missed the hearing,they would still be fighting their corner and you would have gone through yet more months of turmoil and worry besides all the side effects this brings with it,relaitionships arguements etc...they would nt have given two hoots for your worries,like i said you have no need to speak with them nor colude with them,be intrsting if you sent them a letter for compensation for all the sleeples wory nights you both had to go through...the requested letter you felt was puting more

unreasonable pressure upon both of you and have decided that it is not in your intrest to be so obliging since no letters of apoligy has been forthcoming as you would have liked to have had,even a curtious phone call during the times they were defaulting your account i wonder if they are still on record which no doubt they still may have under their credit scoring system it is unlikely they will erase all this information.

[Lula]

hang on, so they lost by default, and paid you back in full, and the courts set a date anyway?

 

sounds very strange to me

 

Did you tell the courts in writing that Barclays had settled?

 

If you have I cant understand (Perhaps it is me being thick) why this is all happening

[patrickq1]

is it a possibility the banks are trying to resurect the case ?

[Lula]

cant see why, they lost, they paid out, cant see what is happening it now, i am sure that it wouldnt be in their best interests and indeed could be seen as vexatious by the court

[Lula]

It sounds to me like the court doesnt know that a settlement has been paid, I think that the claimant should make doubly sure that they have informed the court and if they havnt they need to, otherwise they might be liable for costs for wasting the courts time

[purple blue]

I sent the courts a letter that I had been paid in full, and it is the court bundle that they have sent to me also I have had to sign a letter written by barclays solicitors stating that they have paid me. When I spoke to barclays they said they know I have done that,

 

but it is a different letter they need me to write stating that I accept the set a side, because they have asked and the courts still wants it to go to trial. But I thought it would be for the judge to decide.

I will send another copy of the letter anyway the one where they have paid me in full.

 

The begining of their letter says.

The hearing of the defendant's application for the default judgement entered on 27 november 2006 be set a side pursuant to CPR r13.2 will take place 19th december.

 

They wanted it set a side because I altered my claim so they acknowledged the first claim, but thought (they say) that they didn't have to acknowledge the altered claim even though it is counted as a new claim.

[Lula]

hmmmmmmmm, they have paid you in full, so why not write a letter withdrawing the claim. I know that people will say let them suffer, but we are better than them and can take the higher ground - and it might not go too well for you in Court if you turn up knowing full well that you have been paid and in actual fact, this is a technicality.

 

My advice, write a letter withdrawing the claim

[patrickq1]

R13-2-2. Definitions.

(1) "Records officer" means the individual appointed by

the division to fulfill the function of Subsection 63-2-103(21).

(2) "Division" means a division of the Department of

Administrative Services.

[patrickq1]

R13-2. Access to Records.

[patrickq1]

is their anything else with this letter,i am not sure what it really means ,but if a second letter goes to court explaining payments have been settled ,and someone has aknowleged this from court...i cannot see what the administrative records section is for or why they are asking surely they should write to the court

[patrickq1]

did you sign a disclaimer or was their ay asking you to sign a waiver of some sort...or do they want you to remove a default against them this sounds more plausable

patrickq1

[Lula]

ok, to avoid any more confusion, can you post up the wording of the letter or email? if they havnt asked you in writing, get them to, you shouldnt be sending letters to the court to help out the banks unless they ask you VERY NICELY in writing giving their reasons

[patrickq1]

very nicely i like that lula

[purple blue]

Yes they want us to remove a default against them.

[patrickq1]

they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn

i am sure you asked them what they were playing at,let them write to the court and let them get themselves out of their own mess ,i am sure that when they stopped your direct debt that you had a terrible and worrying time,so like i said you have already written to the courts once that was being more than generous they did not stop to think of your greif and worry like so many thousands on this site...i would nt send anymore correspondance and leave the default,because you can rest assured that this default will never get posted nor will anyone else see the light of day,it is fair in their eyes to default you and if i was you i would write under the data protection act and ask them for your complete records of information they have about you ,you will find their points scoring already has you down as a risk.....you are in the right so ignore their requests

patrickq1

[slick132]

Purple Blue,

 

Just my 2 pennyworth.

 

Your case is over and the Court knows you've been paid.

 

Isn't it now for bank to apply to Court if they want the CCJ noted as settled.

 

Court then writes to you to say, "Have you had full settlement" and you reply, "Yes, we have."

 

Bank and Court then sort it out between themselves.

 

It's not for you to help bank or even communicate with them any further about it. Don't let them harass you about it any more. (Easy for me to say, I know!)

 

Slick

[johnnymitch]

They're trying to get themselves off the CCJ hook, Purple Blue - as Slick says let them do it the proper way - ie they have to apply to the court, then the court asks you if you're happy , you say OK and that's all you have to do .