my court date is 12/7/07 help**WON**

[katscash]

hi my court date is next thursday,i spoke to tom hickey he has been trying to contact skycard about settling out of court. he still has not managed to get anyone to reply to emails. well i asked for terms and conditions havn,t recieved them, have not recieved court bundle from barclays, do they have to sent me one?sent mine off 14 before court date.

[dar£n]

You havent received a bundle for one reason only, they dont do it, they have no intention on going to court so theres no point in them preparing one.

Contact Hickey , dont take any rubbish from him, tell him you want a settlement decision by the end of the day or you will let it go to court.

if he starts talking crp, just say thank you it seems we cant agree, good bye.....he WILL call you back.

[saintly_1]

im confused why would he try and contact sykcard about settlement ? surely its you who he should be settling with ???

[dar£n]

Sounds like an excuse Saint....passing the buck

[katscash]

thanks for info i think he is trying to get them to agree the charges are right,if i have to go to go to court can i claim for chilcare charges? i have to boys 3 and under ,for a morning session its £20.00 each but i need to book a place for both tomorrow. and can i claim a self litigation fee? thanks again

[dar£n]

you can tell them you are claiming CPR 27.14 [loss of earnings] = £50

[katscash]

thankyou

[katscash]

hi dar£n, just your thread claiming beyond 6 yrs with barclays,i myself have started claims going back over 6yrs with Co-Op and halifax,Co-Op sent me from june 2001 statments, sent a letter saturday requesting them all,if they dont i will take them to court good luck with yours i,ll watch your thread

[katscash]

hi does any one know how to claim self litigation fee?

[Trucker]

Hi katscash

I think you will have to do a seperate claim for what's called a waisted costs order. Have a look at thie thread below.

http://www.consumeractiongroup.co.uk...beginning.html

Also, just remember when you do go to court (If Mr Hickey hasn't got his finger out) your opening argument will be that barclays have failed to submit their court bundle and as such can not offer any defence. Case won in my opinion

[katscash]

thanks trucker your a diamond

[katscash]

hi just to tom hickey again still sky card have not given information and he has offered me full out of court settlement £463.00 also £40.00 for childcare charges that i had to organise for court but the thing is he said he would email me confirmation and i had to sign and send back to him just a bit worried that if i cancel court they dont pay? has anyone else done this my court date is thursday what should i do?

[slick132]

Katscash,

Let him email or fax the offer to you. If it includes confidentiality clause, delate the clause and initial it.

If it says, "in full and final settlement of your claim", delete and amend to "full and final settl't of THIS claim"

Send it back to him and ask for immediate credit to your a/c.

If money not rec'd by 12th, go to Court and suggest short adjournment for B's to make pay't so you can discontinue your claim.

Slick

[katscash]

thanks slickwilly132 i was going to cancel court then,well i wont havnt recieved email yet so keep you informed

[katscash]

just got email it says this offer is full and final settlement of the whole of your claim and is strickly without addmission of libility on our part.by excepting this offer,you also agree that the existence and terms and of this offer remain confidential between us, it also goes on to say payment will be made to your monument card(my card is skycard) it also says if you decide to reject the banks offer,we reserve the right to disclose this letter to the court on the subject of costs?? what are they saying if i don,t execept offer they will give me court costs? please help going to email tom back soon

[saintly_1]

ok kats

full and final settlement of the whole of your claim

amend this to full and final settlement of this claim

by excepting this offer,you also agree that the existence and terms and of this offer remain confidential between us,

delete this bit

payment will be made to your monument card(my card is skycard)

amend this to skycard


Initial all changes

[katscash]

thanks saintly1 going to email him now

[katscash]

have emailed him, he has emailed back i am not sure how you have amended the letter but if you keep it so it cover the whole of the particular claim it should be fine,( i asked about self litigation fee that people won in hull)he says these costs are not recovereable in a small claims court and we would ask a barrister to attend to argue about this point in the hearing.if you are willing settle for the amount i offered let me know? what does everyone think about this i will have to attend court now because i don,t have a fax so i will not recieve payment before court, has any one tried to claim self litigation fee? and how do you do this?

[saintly_1]

Do you have a scanner ? if so print off his email ....... make the amendments scan the amended email and add it as an attatchment to an email in responce

[Trucker]

The other alternative is to sign it and take it to the local branch and get them to fax it. Don't worry about your costs at mo, that can wait for another day.