claim against barclays***WON POST OFT***

[syds mum]

SORRY TEZ WAS TYPING ERROR...

or powers beyond my control!!!

 

think you will get same letter as me regarding offer then. when did judgement get entered??? mine was 31st august and heard from barclays already like you say we exist all of a sudden!!!

 

debbie xx

[tezl]

no probs,

put more mixer in it.lol

28th august judgement.

hope get same letter then have same feeling you have,

tez

[syds mum]

Hi tex er.. i mean tez have you heard owt then love?

 

debbie xx

[tezl]

watcha,no,didnt exspect to really ,like i said,they only found out yesterday about current state of my case from court,sent them another e mail today at precisely 2 o,clock,the time we should have been in court,together.they have until 7.10.07. to pay or go for setaside.

tez

[syds mum]

here is my response letter what do you all think???

 

 

Dear Mr ######

 

Thank you for your letter dated 5th September 2007, I have noted its content and here is my response.

 

• The sum of £#####is paid to me, by cheque, in full and final settlement by return.
  
• There will be NO voluntary stay of execution until I have cleared funds.
  
• As above (2.). Once I have cleared funds I will write to the court and withdraw my claim.
  
• I will NOT consent to the default judgement to be set aside and would ask why you wish this to be done?

I feel your conditions of acceptance are not in my best interest and weighted solely for yours and as such suggest my own, if you find these unacceptable then. I will apply for a warrant of execution and the CCJ stay lodged against Barclay’s name.

 

 

 

 

Yours Sincerely,

[tezl]

hi debbi,my your a hard one.lol

are you leaving the costs out on purpose.

tez

[tonycee]

i have recieved 2 letters today one for my claim and one for hubbys... says the same in each letter...and has WITHOUT PREJUDICE on them...

*****

I am writing to you in connection with the default judgement which has recently come to the attention of the banks litigation team.

 

I belive that you had issued a claim via the derby county court and in the absence of a defence, sercured a default judgement on 31st August 2007 for £#####.

 

Notwithstanding the fact that we had not filed a defence within the prescribed time, we still entiled to make a application to court for the default judgement to be set aside. However, i am conscious of the time involved for all concerned, i.e for you to attend a court hearing and the cost of pursuing the matter. I, therefore, propose to offer to settle your calim in full. However, i would be obliged if you will agree to :-

 

1. The sum of £#### is paid by us in full and final settlement of your claim entiled 7QZ76498;

2. There be a voluntary stay of execution pending payment;

3. That upon receiving payment you write to the court stating that you have withdrawn your claim persuant to the settlement between the parties;

4. That you consent to the default judgement to be set aside;

 

The sum of £#### will be credited direc to your barclays account; if you no longer have an account with barclays then a cheque will be made instead.

 

I trust that you understand that we have reached this agreement to avoid the time involved in making an application to the court to have the judgement set aside. It, therefore, does not imply any acceptance of liability on the part of the bank.

 

I enclose a draft consent order setting aside the default judgement. Please sign and return this to me and i will arrange for it to be filed at court after your account has been credited or a cheque has been issued.

 

I look forward to hearing from you.

 

yours sincerely

 

I then have to sign this and send it back to them along with consent order which goes as follows!!!

 

BY CONSENT

 

IT IS ORDERED

 

1. The default judgement entered on 31st august 2007 be set aside forthwith;

 

2. There be no order as to costs.

 

i then have to sign this barclays solicitor has already signed it!!!

 

needless to say i am not going to do as they ask but send back a letter stating i will not remove judgement untill i have the cash in my hand... has anyone got a templete letter that i could look at??? i know roughly what i want to say but just need a guideing hand!!!

 

debbie xx

 

Everything you are asking for has allready been offered in the letter above.

Sit back, wait for your money, then tell them what you think of them.

I really think there is no need to reply this way.

 

Dear Mr ######

 

Thank you for your letter dated 5th September 2007, I have noted its content and here is my response.

• The sum of £#####is paid to me, by cheque, in full and final settlement by return.
  
• There will be NO voluntary stay of execution until I have cleared funds.
  
• As above (2.). Once I have cleared funds I will write to the court and withdraw my claim.
  
• I will NOT consent to the default judgement to be set aside and would ask why you wish this to be done?

I feel your conditions of acceptance are not in my best interest and weighted solely for yours and as such suggest my own, if you find these unacceptable then. I will apply for a warrant of execution and the CCJ stay lodged against Barclay’s name.

 

 

 

 

Yours Sincerely,

[syds mum]

hi tony thanks for your thoughts.. do you really think that no response is the best way... i just dont want to seem as if i am ignoring them... in this game its all about how it looks!!!! if i sit back and wait will that look as if i am doing exactly what the banks have done all along!!! or is it that you mean as i have judgement i have won regardless of what they think or want me to do!!!! in effect they have to pay either way!!! they are so crafty at times you dont know your head from your ass.... i just think when someone writes to you the least you could do is response... shame the banks dont feel the same lol...i did follow your claim... did you have any letters like mine or was the cheque just delivered before time run out? i seem to remember you did nothing and they just paid?

 

what worries me tony is that they want me to sign the draft order to have judgement set aside before i get the cash!! yes they promise that they will pay me first BUT if it all goes t#ts up then i cant use this letter in court as it is marked WITHOUT PREJUDICE...

 

debbie xxx

[syds mum]

hi debbi,my your a hard one.lol

are you leaving the costs out on purpose.

tez

stilll debateing that one tez... have got a list of cost but not sure weather to push em... dont want to open can of worms but then think they dont hesitate when they chrged us in the first place!!!! jury still out on this one!!!!

 

debbie xx

[tonycee]

do you really think that no response is the best way...

 

No.

I think you should say that you accept their offer unconditionally, and that you will agree to any request for setting aside of judgement, "after" receipt of cleared funds.

Its clear and simple.

 

No i never got any letters, my case was slightly different, as they chose to completely ignore me right from day one.

No letters, would not discuss on phone, no reply to email.

My accounts with them were closed, so i guess i wasnt a priority.

I still havent had a letter from them asking for setting aside of judgement.

I have only ever received one phone call regarding payment of second claim.

Both my cheques turned up by first class mail. One had a comp slip in the envelope, the second had nothing.

You must do what you feel is right for you.

[syds mum]

o.k thanks tony i do appreciate all your advice.. i dont want you to think i am not listening.. i take all comments on board!!! how else did i get where i am now!!! so thanks again...

 

now i am gonna ramble on again.. i am not sure why they ask me to have judgement set aside as if they pay on time the judgement is removed from their file...quote below from my judgement!!!!

 

Details of this judgment will be entered in a pubilc register,the Register of Judgments, Orders and Fines. They will then be passed to credit reference agencies, who will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. A list of credit reference agencies is available from Registry Trust Ltd, 173/175 Cleveland Street, London, WiT 6QR.

If you pay in full within one month, you can ask the court to cancel the entry on the Register. You will need to give the court proof of payment. If you also want a Certificate of Cancellation from the court, there is a fee for this. If you pay the debt in full after one month, you can ask the court to mark the entry as satisfied and, for a fee, obtain a Certificate of Satisfaction to prove that the debt has been paid.

 

hence the question why they want me to have it set aside???

 

i dont trust em... they have played dirty tricks all the way and now i am in the driving seat, want me to remove it... forgive me if i think this is just another trick!!! i say again if they pay on time it will be removed so why ask???

 

debbie xx

[tonycee]

If you pay in full within one month, you can ask the court to cancel the entry on the Register. You will need to give the court proof of payment. If you also want a Certificate of Cancellation from the court, there is a fee for this. If you pay the debt in full after one month, you can ask the court to mark the entry as satisfied and, for a fee, obtain a Certificate of Satisfaction to prove that the debt has been paid.

 

It dosent get removed automatically.

They have to ask to have it removed on proof of payment.

The letter they are asking you to sign will be their proof.

[noomill060]

Note- that bu asking you to sign this consent form they are ASKING you to help them.

 

You can answer in either of two ways:

 

Yes or no. You dont even have to consider their request as they dont have any choice in whether to pay you your money.

 

Why would you want to help them? Let them stew.

[tonycee]

Why ?

 

Because i would want the money now, not when they get round to it.

I would get a letter off ASAP.

Stew ?

There is ony one party stewing here.

Bs are just following proceedures.

[syds mum]

hi tony and noomill060 thanks for your comments....

 

i have to say that i am asking for my money with my own terms and conditions... as you say noomill why should i help them... once they pay me the money it is up to them to get their house in order.. not me!!! if i sign draft order i will be canceling my judgement if i sign the other part i will be agreeing to judgement set aside and stay of execution...it is not prove of payment!!!! they cant expect me to give that to them on a promise that they will pay... no doubt they will try some underhanded trick to get out of it... i may be wrong but thats how i see it!!!!

 

i have read on loads of threads that they will "get the money in your account within 24hrs" and 2 weeks later its still not there... i still dont trust em!!!!

 

debbie xx

[tezl]

hi,following with interest,bit of hijacking,

why dose it seem important to bs to have this letter signed?

as in tonys case its still open.

tez

[noomill060]

You could say that you will give their request due consideration after settlement.

 

If you have had judgement already, I really dont know why anyone is giving this any thought.

 

A court has told them to pay. End of.

 

If they dont-ENFORCE THE COURT'S JUDGEMENT.

 

Their time is up, judgement day has been and gone, the law has spoken and awarded them a CCJ. They'll get over it.

 

Go get your money.

[syds mum]

quite right and well said....

 

will send back letter saying " will give their request due consideration after settlement" thats says it in a nutshell!!!

 

thanks everyone...

debbie xxx

[noomill060]

"Will give your request due consideration" is management speak for:

 

"its been filed in the bin already, but thanks for the laugh!"

[syds mum]

ha ha ha... thats hurt my tummy.... thats defo made my mind up now will send that!!!

 

debbie xx

[tonycee]

You could say that you will give their request due consideration after settlement..

 

Isnt this what i have been saying all along ?.

OK.

Go have your fun with them.

Dont expect to get your money until the very last minute, where as, send a simple letter and you could have it within days.

They wont try and get out of it, they have to pay you, thats the law.

It just beats me why its such a big issue not to help them to help you ???

Good luck to you.

[syds mum]

thanks again tony... i havnt dismissed what you have been advising.. i dont want to upset anyone.. just like everyone on here want to make sure i get it right... think a bit of missunderstanding as occured... i dont want to make matters worse but just get fed up with them calling all the shots!!! will be doing what you have advised (along with others) but thought you wanted me to sign it all and send it back just as they asked!!! and having re read all posts realise that you advise to "except offer unconditionally" i do hope i havnt offended you, was not my intention...

 

debbie xxx

[tonycee]

i do hope i havnt offended you, was not my intention...

 

Not at all.

Im really pleased for you that you are so close.

 

If Bs said to me kiss my A**E and you can have your cheque, i would ask which cheeck first ?.

 

Does it really matter if they have their extra demand or not ?.

 

I dont understand why some people think a refund is not enough, and have to strive for some kind of revenge.

 

I suppose thats easy for me to say, but hey whats the point ? Will it make a difference ? No, i dont think so.

 

All i meant to say was, the sooner you send a letter, any letter, the sooner you will get your money.

The easier you make it, the easier it will be.

You will get it eventually anyway, they have offered, and thats the law, but i would rather have it now.

XXX

[tezl]

hi,debbi,

glad uve got it sorted in your own mind.

you need bit of debate,then you understand.

tonys big enough,you want to see the rollockings he has given me,but needed.

tez.

[tonycee]

you want to see the rollockings he has given me,but needed.

 

No, not a rollocking mate.

As i said above, its been a long hard struggle, why make it any harder ?.

Does ANYBODY care if they have to have their own way all the time ?.

Huh...Just give me my money..................................................