Iwcd vs Barclays (woolwich) **WON**

**iwcd01** · 5th July 2007 20:32

I am starting a new thread on my woolwich case which has been running in the Woolwich sub forum here

I have a court date for 20th July and am currently preparing the bundle.

I managed to lose a hard drive with my spreadsheet on and have been working on it all afternoon. I seem to have made an error and am £4 adrift in the amount I am claiming. Also I have found another charge I originally missed - could this be added on now for the court bundle or is this going to cause me problems?

With 19 days to go - what is now the best course of action? Do I file bundle to Barclays and sit it out till 25th - or ring them? I feel ringing them is probably a waste of time and best leave it to the courts if they want to drag it out

Any advice would be appreciated - Many thanks

**Steward** · 5th July 2007 20:32

You can use Google to search the web using these links below:-

**saintly_1** · 5th July 2007 20:50

http://www.consumeractiongroup.co.uk...team-good.html have a read of this thread . it has contact details for B's litigation team .... i recommen emailing Dino to find out who is dealing with your claim

**iwcd01** · 8th July 2007 12:05

Ok - emailed Dino on Friday who responded within 10 minutes - He gave me the email and phone number of Kate Ashton who is dealing with the case. She replied at 930pm at night! to say that " a settlement letter would be in the post next week". My bundle has to be submitted by Wednesday to court and Barclays autolinker.com autolinking image

and I will still press on with that. This has been a long haul as it is a year since I first asked for the charges information autolinker.com autolinking image

. The light may be at the end of the tunnel.

**welshcakes** · 8th July 2007 20:16

iwdc

Indeed a year is a long time to be patient when we all know it could be settled within a matter of days. Still, B's got their extra 1 yr Stay of Execution from pay out but you got 8% so was as good as having it in a Savings Account! Only losers are those held up because courts' admin autolinker.com autolinking image

have been so swamped.

**iwcd01** · 17th July 2007 23:21

My court date is a week tomorrow. I have just checked my experian autolinker.com autolinking image

Credit File and found that I have an entry from Barclays autolinker.com autolinking image

saying that I defaulted on my current account. This was soley down to charges. I want the removal of this as a condition of the charges being repaid. Is this now possible at this late stage? I have not mentioned it in my correspondance to them! Please could someone advise - Many thanks.

**saintly_1** · 17th July 2007 23:27

I dont think that you can ask at this late stage for default removal as part of your settlement if you havent included it in your original claim

**saintly_1** · 17th July 2007 23:47

Just checking with some others to make sure

**iwcd01** · 18th July 2007 00:11

thanks saintly

**saintly_1** · 18th July 2007 00:12

When was the entry made .. is it a recent one ?

**iwcd01** · 18th July 2007 07:28

Defaulted On:28/06/2005File updated for period to:08/01/2006

Thanks

**saintly_1** · 18th July 2007 16:26

Ok the concensus is that you try and get the default removed as part of your settlement .If they dont agree then you are going to have to take an N244 autolinker.com autolinking image

to the court with you along with an amended POC autolinker.com autolinking image

to include the default removal Judge may be willing to hear the issue there and then as the default has only just come to light
Please dont accept a settlement without the default removal as it will be almost impossible to have it removed after settlement

Sorry it took me a while to get back to you

Saint

**iwcd01** · 18th July 2007 17:30

Thanks Saintly.. bit confused now

Do I write to the Litigation team telling them that the removal of the default has to be included in any settlement OR do I wait to hear from them and then only accept any offer if they agree to remove default. As the court date is a week today I guess I need to communicate this late discovery to them now. Can/do I inform the court as well?

Thanks again

**iwcd01** · 18th July 2007 17:32

Also what is N244 for? And is there another fee for this? Just downloaded it and it all looks a bit daunting

**saintly_1** · 18th July 2007 17:47

What has been suggested is that when B's offer you settlement you attempt to get the default removed as part of that settlement if this doesn't work you take with you to court the N244 autolinker.com autolinking image

with the amended POC's that include the default and hope that the judge is will allow the amendment autolinker.com autolinking image

.... the case may get adjourned for 28 days if the Judge does allow it

http://www.consumeractiongroup.co.uk...on-notice.html

hope that makes things clearer

**iwcd01** · 24th July 2007 09:36

My court date is tomorrow but still no communication from Barclays autolinker.com autolinking image

! A wasted trip to court I guess.

**dar£n** · 24th July 2007 09:37

have YOU tried to contact THEM?

**iwcd01** · 24th July 2007 10:07

Have emailed - got a response saying a settlement letter would be sent. That was a week ago - nothing more though.

**welshcakes** · 24th July 2007 11:49

Hi iwcd

Take a copy of the letter along to court tomorrow and show it to the judge. I would ask whether he/she would kindly make an Order based on the evidence that settlement should be forthcoming in say no more than 14 days.

Explain that you hope that in view of the mounting evidence that B's are failing to follow up these intial settlement confirmations, that an Order would encourage B's to complete settlement in a timely manner and avoid the need for further waste of the court's time having to bring it back in front of them - this may persuade the judge to agree (if they think it'll save further court intervention).

**iwcd01** · 24th July 2007 12:23

Thx Welshcakes

Postman been - no letter - phoned Kate Ashton and her phone diverted to voicemail - emailed her with contact details for today. Not holding my breath

**iwcd01** · 25th July 2007 13:00

Went to court today and B's were represented by a barrister who had a settlement letter that I had not previously seen! This letter was dated 10 days ago and had been faxed to the them today. I have accidently signed the letter which has the confidentiality clause in it! ( Didnt do my homework) So the contents of the letter I dont think I can report on here. I do believe that it is a standard letter that can be viewed on here and the offer is what we would all want to achieve

.

The funny bit is that they want to pay the money into my Woolwich account which they closed! As I no longer have a bank account then they are now going to send a cheque, which "may take a while as they are behind with payments". Speaking to their legal person this morning - I was told that some judges are apparently fed up with these cases and want a case brought to court.

Also the Judge has left the case open until November, in case they dont pay. If there are no problems it will be struck out.

Oh and did I say I have a

because I WON

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