jk v baclaycard

[Janeykate]

Hi guys,,, Having just won with hsbc, thought I'd have a go at barclaycard, sent lba 14 days ago, just about to file with mcol when I received a letter this morning. My claim is for £700, they are offering me the difference between 12 and 20 pounds, in effect a third of my claim. they've stated they will credit my account with this reduced offer.

 

my question is, do I ignore this and continue with mcol? or send them another letter rejecting their offer with another 14 days to come back to me?

[jshtr3]

Hi, I would reject it and file your claim. on the date specified in the LBA. You clearly stated yor requirements and the consequences of not complying with them. It's just ploy to string things out further.

[Janeykate]

Cheers jshtr, will file mcol tomorrow and send rejection letter same time..

got to laugh,, just realised my spelling mistake,, lol.. baclaycard!!

must be all this time spent on this site,, going crosseyed!!

[jshtr3]

Surely if you were crosseyed you would have typed claybarcad??????

[moneyhelp]

Sorry to hijack..

 

But that made me giggle jshtr3

[Janeykate]

Hi, have been a bit quiet here, but just to keep informed.. I filed with court on the 22nd June Bcard had until the 13th July to defend... They didn't, I sent off the order for judgement. Received in Post order for Bcard to pay the full amount "forthwith" from court 4 days ago..

 

Has anyone else had this,, It can't be this easy??? Got a feeling Bcard will procastinate on paying up??

[Janeykate]

Well I got letter in post this morning B/card are paying up!! yippee

 

They want me to sign and send back letter stating

 

1. The default judgment entered be set aside forthwith

2. There be no order as to costs

 

They also want a voluntary stay of execution pending payment and the letter is sent without prejudice??

 

Any suggestions as to a reply please:)

[pjdavies2000]

No stay until the payment clears!

 

They can trasnfer immediately - then you will inform the court and lift the default.

 

And if you want to claim for wasted costs, tht's up to you!

 

You Have WON they failed to take your claim seriosuly, don't pander to their demands, you are the claimant, they are the ones in the wong!

 

The Without Prejudice, means you can't use this in court, so stuff 'em, tell them, no movement, by you, until funds clear!

 

Peter

[Janeykate]

Thanks Peter.. will do exactly that....

[Janeykate]

This is the letter I have drafted. in response to the one I received today

Any suggestions.. or does it look ok

Thanks guys

Response to your letter dated 26th July 2007.

 

Dear sirs

 

 

I accept your offer of £912.15 as full and final settlement of this claim

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim. And will accordingly write to the court requesting the default judgment entered on the 24th July be set aside and there to be no order as to costs

 

I am not prepared to agree to any confidentially clauses you try to impose, unless of course you wish to make an offer of due consideration in addition to the amount of £1000, in order to be afforded this privilege by myself.

Until such time as the monies are showing as in the account I will consider the claim ongoing. Once the monies are deposited I will contact Aldershot and Farnham County court and issue the consent order.

 

I trust that you will find this arrangement acceptable.

[Janeykate]

ok,, Have had a look at the wasted costs page, can anyone tell me what the accepted hourly rate is in these cases?? Now thinking of doing this to

[pjdavies2000]

Nice letter - but if you want to do wasted costs order, then you need to remove the costs line from the letter.

 

I think most people work hourly rate t £9/hour

 

I would just get someone to check the letter over, as I think you have won through court so you need to change the wording slightly - ie the where you say 'claim' - this may be litigation or case?

 

Sorry I can't help further!

 

Peter

[Janeykate]

You're right Peter. Thanks again. Will change wording. Am looking at doing the wasted costs but haven't made my mind up yet,

[sea-sidelady]

Plenty of people are claiming this now, and yes as Peter says, it is around £9 per hour.