Iwcd vs Barclays (woolwich) **WON**

[iwcd01]

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

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-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]

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

[welshcakes]

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 have been so swamped.

[iwcd01]

My court date is a week tomorrow. I have just checked my Experian Credit File and found that I have an entry from Barclays 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]

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]

Just checking with some others to make sure

[iwcd01]

thanks saintly

[saintly_1]

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

[iwcd01]

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

 

Thanks

[saintly_1]

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 to the court with you along with an amended PoC 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]

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]

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

[saintly_1]

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 with the amended PoC's that include the default and hope that the judge is will allow the amendment .... the case may get adjourned for 28 days if the Judge does allow it

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

 

hope that makes things clearer

[iwcd01]

My court date is tomorrow but still no communication from Barclays! A wasted trip to court I guess.

[dar£n]

have YOU tried to contact THEM?

[iwcd01]

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

[welshcakes]

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]

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]

:D

 

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

[livelylad]

Thread moved to success forum.