Sammi_Babe vs Barclays PLC **WON**

[Sammi_Babe]

Hello,

Ok have been running a concurrent claim againsts Barclays with my HSBC claim seen here:

http://www.consumeractiongroup.co.uk...abe#post611856


I have basically done everything to Barclays what I have done to HSBC.

Barclays did right at the beginning make me an offer for £200 which I refused.

It has now come to the point that Fri the 13th (heh) was the deadline for the Court Bundle. My court date has been set for 27 June 2007. I have sent Court bundles to Court and to Barclays. I have not had anything like a court bundle/evidence from Barclays.

Last week I sent a nudge letter and today (Sat 14th June) have had a reply.

Here is what it says and I hope its ok to reproduce it here!!:

Without Predjuice

I refer to the above proceedings.

As you will have seen from our defence, we disagree with your legal analysis and that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do,however, recognise that it is not cost effective for either party to take this matter all the way to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim upon payment of the charges apllied to your account, together with statutory interest and any court costs, which comes to £586, subject to the terms set out in this letter.

This offer to pay £586 is in full and final settlement of the whole of your claim and i strictly without any admission of liability on our part. By accepting this offer, you also agree that the existance and the terms of this offer remain confidential between us.

If you agree to the terms of this letter, please sign and return a signed copy of this letter to me (by fax,email or post) at the above address within the next 7 days. You will also need to notify the county court, in writing , that you have discontinued your claim against us. Please forward a copy of your letter to the Court after you return a signed copy of this letter to us. Payment will be made to your Barclays account.

Should you decide to reject the Bank's offer, we reserve the righ to disclose this letter to the Court on th subject of costs.

I look forward to hearing from you soon.

Your sincerely

Kate Ashton
Legal Assistant

The amount they are offering is for the full amount I am claiming.

The only thing that worries me is the fact they are going to pay it back into my Barclays account!

I DO NOT have a Barclays account anymore. I owe Barclays money and I am paying that back thru Payplan at an agreed and affordable rate along with numerous other debts.

When HSBC made a similar offer a while back I declined :

I would like to point out that any payment to the debt collection Agency is unacceptable on the basis that it will create an unlawful preference over my other creditors. I have already entered into an agreement through Payplan with the Debt Collection Agency, to pay back the sum at an agreed and affordable rate.

Would I be ok to send similar being so close to court date and insist on the cheque made payable to me, as I have done right since my first letter waaaaaaay back in Dec 06??

Thank you for your help!


Sammi_Babe

[saintly_1]

You can ask for it to be paid by cheque as you have no 'live' barclays account You must NOT send notification to the court till you have the cheque ......If it gets close to your court date you can notify the court that Barclays have offered settlement but you have not yet received the funds and could the case be adjourned .. The below was what J.barton1 sent to the court

URGENT
HEARING OF bank charges xx July 2007 x pm


xxxxxxxxxxx Vs Barclays Bank

Case Number xxxxxxxx

F.A.O The Court Manager


I would like to politely request permission for this case to be adjourned for a period of 7 days to give appropriate time for funds to clear in my account before I end my litigation with Barclays in this instance.

I would like to add that Barclays have had every opportunity to end this claim and have waited till the last possible minute, wasting the courts valuable time, on one of many cases that are been settled.




Many thanks.


Hope this helps

[Sammi_Babe]

Brill thanks for that saintly_1!

Ok here's a draft to Barclays, please can someone yay/nay/edit as I hate writing letters

Also, would it be preferable for me to email this now as the date is looming close?

RE: CLAIM NUMBER: XXXXXXXX
IN THE XXXXXXXX county court,

Your Ref: KA/LIT WITHOUT PREJUDICE

Dear Ms Ashton,

I acknowledge receipt of your letter date 11 July 2007 and your settlement offer of £586.
I accept your offer as full and final settlement, only for this claim of bank charges made on my account; however I will only accept an unconditional offer and will therefore not be signing your acceptance agreement. I am also not prepared to agree to any confidentiality clauses you try to impose upon me.
As I have no ‘live’ account with Barclays Bank, I insist you send the funds to me via a cheque made payable to Mrs. Sammi_Babe as per my several previous letters to you, have always stated.

I therefore expect a cheque by return, and if I do not receive this then I will have no choice but to continue with my claim. Once funds have been received by me in the form of a cheque made payable to Mrs. Sammi_Babe, I will ask the Court for a 7 day adjournment to allow time for the funds to clear.
Once funds have cleared, I will then inform the Court that I will be discontinuing my claim against you and will also forward a copy on to yourselves at that time.

Yours faithfully,

Thank you so much guys....

[saintly_1]

that looks fine sammi

[Sammi_Babe]

Hello,

got fed up with Barclays, so after SUCESSFULLY winning against HSBC I tried this tactic.

I got the letter I received from Barclays, offering me the £586 I claimed ages, but with the terms etc attached and the fast they would use the funds to pay of any debt I owe to them.

With this letter, I struck out the terms I didn't like (confidentiality) and the part about they would be paying my debt of with the money, and added 'payable to [name] via cheque'. Signed and dated, scanned in and pasted into a word doc.

I faxed this to Barclays Claims and Litigation, with a covering letter saying I agreed to THIS letter and when's the cheque arriving?

Had NO reply so emailed as well same day. Got a reply from a lady saying she had to await to hear about the debt I have with Barclays (and the fact I have no live account anymore no doubt!) and then a cheque would be sent.

I then heard nothing til I emailed her again this morning asking WHERE my cheque was and 'politely' reminding her court date is TOMORROW at 10am so please confirm yay or nay whether cheque sent. She replied she PERSONALLY posted the cheque yesterday and the delay was due to hearing about my existing debt with Barclays.

So, what now? I have a court date for the 27th (tomorrow) at 10. Do I urgently fax the Court and ask for a 7 day adjournment explaining that a cheque has allegedly been sent and I need time for it to arrive and clear?

Please help!

URGENT!

thank you

Sammi_Babe

[dar£n]

So, what now? I have a court date for the 27th (tomorrow)

what ever you do, which ever way you do it you MUST contact the court and tell them about their offer to settle,
it would be better if you could attend, you will get the respect from the judge for doing so,
either produce or send in a copy of their agreement letter and state you are waiting for funds to be sent.

you will prob be granted 2 - 3 weeks to allow for clearance and then if not you will have to notify the courts to order them to pay up.

[Sammi_Babe]

Hi,

Ok, reading on the Her Majesty's Courts Service - Home website, I can apparently email my court.

Owing to the fact the date is for tomorrow and a letter won';t get there fast enough, I have emailed my request for a 7 day adjournment to let the cheque arrive and clear.

Will let you know outcome.

[dar£n]

Originally Posted by Sammi_Babe

Hi,

Ok, reading on the Her Majesty's Courts Service - Home website, I can apparently email my court.

Owing to the fact the date is for tomorrow and a letter won';t get there fast enough, I have emailed my request for a 7 day adjournment to let the cheque arrive and clear.

Will let you know outcome.

I would call them too, tell them you have sent them notification. if they are busy there is a chance they may not read the email until after the hearing, by that time tis too late.
if you do speak to someone there make sure you get their name.

[Sammi_Babe]

Hiya,

Ok phoned, very nice chap said probably won't get looked at for 5 DAYS!

He said can I fax it as he is sitting next to the fax right now, I said yup, but he advised turning up tomorrow as well.

EEK!


<mad rush to organise babysitter and something to calm racing heart!>

Shall I print a copy of my request email/fax to take? Do I need take anything else?



Sammi_Babe

[dar£n]

take your bundle with updated SOC's.
make sure you have the POC's and a copy of the N1 if poss.

All correspondence with the defendant including the most recent settlement offer. [photocopy it a few times just in case, they rip you off big time for copying].

Above all dont panic, you have nothing to worry about, they have admitted defeat by offering to settle out of court.

you will prob be in and out within ten mins, you will be glad you did and be thinking this time tomorrow,, what was I worried about?

Barclays representative being there?? I doubt it very much, he'd look a bit silly explaining what he is doing there unless he has a cheque in his pocket.

[Sammi_Babe]

Originally Posted by dar£n

take your bundle with updated SOC's.
make sure you have the POC's and a copy of the N1 if poss.

Ummmmmmm can you explain what SOC's and POC is please for this dumb Essex Bird



Sammi_Babe

[dar£n]

Originally Posted by Sammi_Babe

Ummmmmmm can you explain what SOC's and POC is please for this dumb Essex Bird

Oh no, I was afraid you would ask that.....not good at this stage..

hopefully when I explain you will say oh yeh them things of course.

SOC's = Schedule of Charges = Spreadsheet showing charges n interest etc

POC's = Particulars of Claim = Details of claim used in N1 or MCOL.

[Sammi_Babe]

Yes yes, lol I know now, I just use different names to myself for them

I have just found out I have to take the kids as well, absolutely no one available to look after them!

[dar£n]

well I am a site helper soooo,,bring em around here....lol

[Sammi_Babe]

<parcels up kids and sends em on>

collect them ooooh about Sept 1st?

[dar£n]

oh pooh

[Sammi_Babe]

ohhhhhhh one other thing, some of the letters/emails I have sent I have 'without prejudice' on.

shall I still print those and take them?

the replies I have had from Ms K ashton has just been brief emails with nothing on, not even a 'hello', and 'regards..' ?

[dar£n]

Nope cant use them.

[Sammi_Babe]

Hm bit awkward to prove any settlement has been reached, Their offer letter had it, and as I amended their offer letter and copied it back t them I can 't use it.

the emails from her only say 'yeah cheques in post'

Is THAT enough?

or maybe, if the cheque does turn up tomorrow, take THAT along??

[dar£n]

take it all with you, tell the judge you have it writing but they have craftily put 'without prejudice' across it. if he decides he wants to see it still then its on his neck isnt it. just the fact that you say you have it with you, even if you do not present it may be enough... and yes certainly use the emails, these are not confidential, even if they try and tell you they are, once in your inbox they are yours.