Thecolourofmoney v barclays ###won###

[dar£n]

you PM a mod and tell them what you want it changed to.

 

but most of their inboxes are always full.

 

try Zootscoot or RoosterUK or Livelylad

 

http://www.consumeractiongroup.co.uk/forum/online.php

 

or

http://www.consumeractiongroup.co.uk/forum/

 

right at the bottom

[thecolourofmoney]

Thanks Daren,

 

helpful as ever.

 

Regards TCOM.

[thecolourofmoney]

Just a general query really.

 

When agreeing settlement with Barclays is that the best time to negociate my personal cost etc......or is it best to wait until I have the money and then issue a wasted court order with spreadsheet of costs?

 

Thanks TCOM

[saintly_1]

You could try asking them tho i doubt they will agree altho i remember reading where someone had quibbled over the cost of postage and got the extra 80 0dd pence added as well

[thecolourofmoney]

**** UPDATE ****

 

I have had an email from the courts stating that an order was drawn up yesterday stating that my "matter" has been listed for 20th August 2007.

 

My three court bundles are fully complete and due to be posted soon.....

 

TCOM

[cogley]

Email them telling them a date has been set and you want to try and settle the matter amicably without wasting any more of the court's time. Ask them to acknowledge the email as you intend to use it to prove to the court that you have made every effort to settle the matter. It worked for me, had an offer to pay full amount faxed to me yesterday. Just having a moral dilema at the moment as the letter has a confidentiality clause and I don't know what to do. The details could prove useful to somebody at some stage but I really don't wanna go to court. Hmmmm what to do?

[thecolourofmoney]

Thanks Cogley,

 

I will email Tom Hickey next week as he is on hols until then, he is dealing with my claim.

 

I would strike out the confidentiality clause, B's always try that on but accept it when people strike it out.

 

Thanks TCOM

[thecolourofmoney]

This is a copy of an email received today from Liverpool County Court.

 

1. Claimant to within 21 days of the date of this Order, serve a schedule setting out the amount of the individual charges, the dates they were applied to the account and the reasons given for such charges.

2. List for small claim hearing NAD 28 days ELH 10 minutes.

 

Obviously your matter has been listed for hearing on 15th August 2007. You should receive your order within the next day or so, but it reads the same as above.

 

Mr XXXX

Pre Track Section

Liverpool County Court

 

In response to point 1) I have already sent a copy of my SOC's to the court and B's. Should I now send another copy or better still give them my whole court bundle (313 pages) which is all completed.

 

2. What does "NAD" and "ELH" mean?

 

Tom Hickey who is dealing with my claim is off until 26/06/07 so I cannot give him a nudge until then.

 

All advice gratefully accepted.

 

Many thanks TCOM

 

[HSBCrusher]

title change as requested!

[saintly_1]

ELH = expected lenght of hearing

NAD not a clue lol

 

I would send another copy ..... tho the amount we have to send must have rainforests all over weeping

[thecolourofmoney]

Thanks HSB Crusher and saintly.

 

I am thinking tha "NAD" may be a typo? I will email the courts to clarify and send my next SOC's.

 

Is point 2 referring to a hearing in 28 days, possibly a pre-trial?

 

The case listed for 15th August I presume will be the "main" court date?.

 

Im getting excited now.....

[thecolourofmoney]

**** UPDATE *****

 

Spoke to the courts yesterday who confirmed that "NAD" means next available date.

 

Ive sent my schedule of charges to the courts and e-mailed Tom Hickey informing him of such, he's back Tuesday 26/06/2007 from his jollies, boy will he be busy !!

 

When is the best time to send my court bundle, Ive spent so much time on it will be a shame for B's not to see my masterpiece, I really am proud of it! All the thanks go to CAG and its members for their help.

 

Ive not had directions from the court to submit anything yet other than my SOC's.

 

Thanks TCOM

[saintly_1]

As you havent got a date yet i would hold off sending the court bundle .. its usually only required 14 days before

[thecolourofmoney]

Hi saintly,

 

My case is listed for 15th August 2007, shall I still hold fire sending my bundle?

 

Thanks TCOM

[saintly_1]

what were the directions from the court ?

[saintly_1]

sorry just read

[saintly_1]

If you really want to send them to B's then send them but i honestly dont think the judge is expecting to have to get them as he will proberbly know that it will be settled before they are needed .....

 

Just my opinion tho

[thecolourofmoney]

** UPDATE **

 

Just got off the phone with Tom Hickey, nice chap, polite and helpful.

 

He asked if I could re-fax a copy of my SOC's which I agreed, and also asked whether I would be claiming for charges that are over the 6 years timescale. (Im claiming Oct 99-Oct 05.

 

I advised that I would be and that I have included a copy of the Limitation Act in my court bundle. I told him I would be invoking section 32b and countering their argument that they have concelaed information relevant to my case.

 

I asked him was he aware of this section and he replied "No", but I will read up on what you send me !!

 

Not sure whether to laugh or cry. Anyway information now faxed and he said I should have an answer in two weeks.

 

Court date is 15th August but Im away the week before, he did say I would have an answer first or second week in July.

 

Tick tock........

[thecolourofmoney]

Whilst sitting at home last night I started wondering what B's next move will be.

 

Are they likely to dig their heels in and make an offer excluding the charges from 1999? (around £500)

 

If so, do I accept that offer on the proviso that I will be going to court for the remainder (and defending under Section 32b of the Lim Act) or am I best rejecting any offer unless it is for the full amount and let the courts decide.

 

If I stick to my guns I assume B's will fold late on.

 

WHat do you think?

 

Thanks TCOM:confused:

[dar£n]

Whilst sitting at home last night I started wondering what B's next move will be.

 

Are they likely to dig their heels in and make an offer excluding the charges from 1999? (around £500)

 

If so, do I accept that offer on the proviso that I will be going to court for the remainder (and defending under Section 32b of the Lim Act) or am I best rejecting any offer unless it is for the full amount and let the courts decide.

 

If I stick to my guns I assume B's will fold late on.

 

WHat do you think?

 

Thanks TCOM:confused:

Their offer must be for the full amount or an amount you are happy with otherwise it goes to court...if it goes to court they have to prove the charges for the last 6yrs. They might try it on, but dont accept anything youre not happy with

[thecolourofmoney]

Hi Daren, nice to see you and saintly are site helpers, thoroughly deserved. Dont know where I would be if it wasn't for your help.

 

I am going for the lot and Im prepared for court, my court bundle is imo water tight. With the evidence I have gathered, I believe I have enough to prove that their charges are unlwful therefore they will have to offer evidence to the contrary. They will also have to prove that my charges for 1999 are time barred by the Limitation Act. Im happy with my argument under Section 32b.

 

I see an interesting few weeks ahead. Many thanks for your assistance again !!

 

TCOM

[thecolourofmoney]

*** Update ***

 

Just received the following email.

 

Hi TCOM,

Thanks for the fax - I should be in contact regarding a settlement sometime next week, but if you have anymore questions please let me know.

Thanks,

Tom

Without getting ahead of myself I can almost see an end to this.

 

TCOM

 

 

[saintly_1]

Bet you can see the finishing post now ....... your in the home straight

 

 

saint

[thecolourofmoney]

Hi Saint, yes the winning line is in sight now.

 

If they pay without much of a fight, then I will then be going for 1993-1999 charges in the knowledge that they have already settled charges outside the 6 yr period covered under the Lim Act.

 

Fingers crossed. Congrats on being a site helper as well, well deserved.

 

TCOM

[saintly_1]

thanx TCOM