BC Charges ***WON with Compound Contractual Int't***

[slick132]

Hi Linz - this is excellent news and it looks like you're on the home straight now.

 

You should ask them to settle including interest to date as per an updated SOC. If you access your SOC spreadsheet, it should give you an updated amount which you can send to them confirming the current settlement figure. Don't forget to add on all court fees to date as well.

 

What have the asked you to sign exactly.

 

If they've asked you to agree to confidentiality, refuse.

 

Do you want the refund paid to you direct, or have it set against the a/c balance. The choice is yours.

 

Don't contact the court until you have the money or it is credited against your a/c. Watch out for any court deadlines until the matter is fully resolved.

 

8-)

[linz22]

Heres what the letter says:

 

thank you for letter dated xxx

 

We respectfully disagree with your interpretation of the limitation act 1980 and its implications. As previouslly stated it is our position that the charges levied to your barclaycard account do not amount to penalty clauses, nor are they unfair or unenforcable.

 

however, as a matter of commerciality and to avoid any more time and costs assoicated for both parties in pursuing matters further, we are prepared to settle your claim for the amount xxx which constitues the full value of your claim less the £24 refund applied to your account on xxxx.

 

This offer to pay xxxx is the above fashion is in full and final settlement of the whole of your claim and is strictly without any admission of liability on our part.

 

Should you decide to reject the bank offer, we reserve the right to disclose this letter to the court on the subject of costs.

 

I look forward to hearing from you.

 

Your sincerely

 

xxxxxx

 

i agree to the above terms of settlement

 

signed:

xxxxxxxx

 

 

 

 

Ok the difference between what they have offered and my updated schedule is £200 so i will be sending an updated SOC.

 

I would like the whole amount refunded to me and not paid in to my account.

 

There are no court fees as i am on benefits.

 

Court date is on 1st

 

And one thing i have noticed is claim number barclays have wrote on letter it is totally different to my court case number, on all recent communication from barclays they have always put the court case number but this time it says a claim number which is totally different.

 

What letter could i send to barclays based on all of the above information?

[slick132]

Hi Linz,

 

Have they given an email contact address you can use.

 

This needs to be concluded quickly to avoid you having to print out the 2 copies of your court bundle. But you only need their written agreement to settle on terms you are happy with, to avoid the need to submit the bundles.

 

Dear Mr/Ms xxxxx,

 

Thank you for your letter of xxdate and I am pleased you are willing to settle this case without further court action.

 

Please not my Court Claim Number is 1AB23456 and not xxxxxxxx as quoted by you.

 

I hope our final negotiations can be resolved quickly to avoid me having to file and serve my court bundles, due on 18th March.

 

I enclose an updated Schedule of Charges showing the amount of £xxx.xx which is the amount I am prepared to accept. This takes account of the £24 refund which you refer to.

 

Please confirm that you agree to refund this amount to me by direct transfer to my bank account :-

 

Bank - name of bank

Sort Code - xx-xx-xx

Account number xxxx xxxx

 

I look forward to hearing from you promptly, thereby avoiding the need for a Wasted Cost Order if I have to file and serve the court bundles.

 

Yours sincerely,

 

Linz22

 

8)

[linz22]

Hi,

 

They have given an email address but its the same email address on previous letters from Eloise that i have written to before but she didnt respond to my email. I have sent the email today from the template letter you have given above and hopefully i will get a response. At this this stage should i not call them and tell them to respond to my email?

[slick132]

Hi Linz,

 

Yes, call on Monday to see if you can get an email response agreeing to settle as discussed above.

 

If not, be prepared to submit bundles.

 

8-)

[junior232]

Hi,

 

Should i submit my court bundle if i dont hear anything back before the 18th or march?

 

i have sent an email and i have been trying to get into contact with the litigation person but no luck keep getting the voicemail.

 

Also just a quick question about a S.A.R what can i do if the bank doesnt provide full statements?

 

i opened an account in 2002 but they have only provided statements from 2004 and they have said prior to 2004 are unavailable?

 

a template letter would help thanks.

 

Just for example if i decided to accept there offer they sent to me by letter and i posted back the letter which they have asked to be signed tommorow and it gets to them on wednesday should i still proceed with submitting the court bundles or waiting to hear back from them?

 

In my previous post i wrote what barclays have stated in there letter so i am assuming everything is ok if i do decide to accept there offer and sign the letter.

[linz22]

Hi, sorry i logged in with my bf's account and posted from his account by mistake

[slick132]

Hi Linz,

 

If you haven't got a clear agreement about settlement before the date the bundles are due in, the bundles should be filed and served.

 

If you are willing to accept their slightly lower offer, you can dispense with the bundles. You should write to the court that settlement has been reached by agreement between the two parties but only do this when you have received CONFIRMATION that they'll repay whatever amount TO YOU DIRECT.

 

 

 

Is your SAR question about a bank or a CCard a/c. You may get older data if you take court action forcing the bank to disclose older info but make sure it is worth doing this first. See template in the Bank Templates Library for SAR Non-Compliance.

 

8-)

[linz22]

Hi,

 

A further update,

i received a reply from barclays litigation and basically they have offered my the amount in my updated SOC,

 

they sent a letter in pdf format by email in the very same format and wording as the last offer (see previous post),

 

it doesnt say how they will pay

i sent another email back stating if they could confirm they will send the money to me by direct bank transfer

 

once i receive the money i will inform the court if i dont receive the money before the 18th of march i will have no choice but to submit my court bundle.

Is this ok?

 

I have to sign that letter sent to me by email and return it to them and the letter still shows the wrong claim number.

 

It doesnt say court claim number it says claim number on the letter

 

so would this be barcalys personal claim number for my case?

[slick132]

Hi Linz,

 

Reply to them saying your court claim number is 1AB23456.

 

Also, say that you require the settlement amount of £xxx.xx to be paid to you by direct transfer to your bank account as follows:-

 

Account Name - Linz22

Sort Code - 12-34-56

Account No. - 1234 5678

 

Ask them to confirm these details correctly so you can sign the acceptance and avoid sending in your court bundles.

 

8-)

[linz22]

Should i get them to confirm this in an letter or will an email do?

[slick132]

An email from them is fine.

 

Head your email to them as follows:-

 

URGENT PLEASE - Reply needed immediately to avoid Wasted Costs Order if Court Bundles are submitted

[linz22]

Ok, right i dont think the barclays litigation person will agree this by email, i was sent the same letter twice but with different settlement figures, should i just state i would like the correct court numbe along with there agreement to pay me by direct transfer in a new letter?

 

Hi would the following be ok to send? i dont mind if you have to amend this but its just a draft.

 

 

 

Dear xxxxxx

 

Thank you for your letter dated 14/03/2011. Your letter is still showing the incorrect claim number, could you please update the letter to the following court claim number: xxxxx

I also require the settlement amount of xxxx to be by direct transfer to my bank account:-

 

Bank - xxxxx

Sort Code - xxxxxx

Account number - xxxxxx

Could you update and send me your letter showing the correct court claim number. In your reply to my email could you also confirm that you agree to pay the settlement amount of £xxxxx by direct transfer to my bank account within 1 working day of receipt of the signed letter.

I will inform the court once i have received your updated letter, if i do not receive not receive a reply by the 18th of March I will have no choice but to submit my court bundle.

 

I am pleased you are willing to settle this case and i look forward to hearing from you soon.

[slick132]

Hi linz,

 

Never mind if you think they'll agree or not. If they want you to stop the case, they'll have to agree to settle on your terms.

 

Dear xxxxxx

 

URGENT PLEASE - Reply needed immediately to avoid Wasted Costs Order if Court Bundles are submitted

 

Thank you for your letter dated 14/03/2011.

 

Your letter is still showing an incorrect claim number, which should be claim number: 0HD03819. Please amend.

 

I require the settlement amount of £xxxx to be paid by direct transfer to my bank account:-

 

Bank - xxxxx

Sort Code - xxxxxx

Account number - xxxxxx

 

Please therefore confirm by email the correct court claim number, and that you agree to pay the settlement amount direct to the above bank account.

 

I will inform the court once i have received your correctly amended offer.

 

Court Bundles are due to be filed and served by 18th March. If I have to submit them, I will seek a Wasted Costs Order as well as continuing the claim.

 

I look forward to your prompt reply.

 

Yours sincerely,

 

Linz22

 

8-)

[linz22]

Hi thank you for your reply,

 

What if they send me the same letter with the incorrect claim number but they state the correct court claim number in an email? would this be ok?

 

and they agree to pay by direct transfer into my bank account but dont state the account details in the email? would this be ok?

 

Im being catious here so i dont mess up.

[linz22]

Hi, i received a reply today by email from barclays and they updated the letter to show the correct claim number and they confirmed they would pay the money into my bank as soon as they recieve the signed acceptance letter. I responded by stating they need to put it in the correct bank as they named the wrong bank i got another email to confirm they would transfer the money in the correct banks name, so i signed the letter and sent it by email and just waiting for a response now to see if theyv received the email and when they will transfer the money.

 

So hopefully everything goes will and i recieve the money soon, just wondering does the bank use the instant transfer way or does it take 3 working days? i have transferred money into other bank accounts from natwest to llyods and hsbc and it has gone through within ten minutes.

[slick132]

Hi Linz and well done - you've finally got there !!

 

Now you have their written settlement offer and you've sent back the acceptance, it's a done deal.

 

No need for Court Bundles, so that'll save a few trees !!

 

They'll transfer the money but it may take a few days as they act with urgency to avoid court and then slow down once the heat is off. A few days won't hurt you so just sit back and wait, happy in the knowledge that they can't back out or pull any stunts.

 

Let us know when they pay you and please remember to make a site contribution if you can.

 

8)

[slick132]

Thread title changed to reflect your excellent WIN !!

 

[linz22]

Hi,

 

Im glad everything has been sorted out now and im happy with the outcome, i will be donating to this site once i am paid and thank you for all the help you have given. On to the next claim lol

 

In my previous message i asked about my other claim, it is a credit card and the bank basically have stated statements prior to 2004 are not avialable and a few months in 2008 are not avialable, so should i send the template letter in the link you gave? i have a good idea what the banks response will be in that they are not required to produce statements more than 6 years is there anything i can use to counter this?

 

I am more confident in taking on my next bank now.

[slick132]

Hi Linz,

 

If you are sure there are charges beyond 6 years, you can use the SAR Non Compliance Templates for letters, or for taking court action to force disclosure.

 

You can also complain to the ICO to see if they can usefully influence the bank. This may take some time and still not produce the older data.

 

However, I see no reason why a bank can't produce data for 2008.

 

Start a new thread for the case, if you haven't already done so.

 

8)

[Still_surviving]

Linz

 

May I firstly congratulate you on an excellent win As always, slick has given constantly good advice as he has always done with me.

 

Can I ask you the size of the claim in relation to any outstanding balance on the card? Im not being nosey - im interested in whether banks try to offset these court claims against any debts owed on the card itself. They tried to in my case, but I managed to send them packing.

 

If they cannot do so, does it mean that we can try to obtain settlement direct of our claims, then use the money to offer a F&F on the card debt if its realistic - particularly where its likely they have no agreement to fall back on.

 

If you dont want to answer I understand, but I do think it might be helpful for future cases.

[linz22]

Hi,

 

Yes slick has been a great help i dont think i could have done everything without his help, so thank you agian slick. As for my claim my original debt to them was just over £600 and i am getting paid triple the amount direct into my bank account there has been no mention of clearing the debt. Hope this helps.

 

Slick i have started a new claim in the HSBC forum, if you can help i would appreciate it if you cant thats ok.

[slick132]

Hi Linz,

 

It may be prudent to settle the BC a/c now using the refund as this would get them off your back. If there is an unenforceable credit agreement, you could instead look to make them a F&F offer.

 

If you get no response on the HSBC thread, let me know and I'll look in. Of course, you should be an expert by now and be able to sue banks with your eyes closed !!

 

8-)

[Shelley181146]

Please can you advise how I would go about doing this? My account is no longer available as I was declared bankrupt in 2004, through business debts but included all personal credit cards. I am also trying to reclaim mis-sold PPI.

Any advice would be greatly appreciated.

Thanks

[noomill060]

Best to start your own thread shelley