Orge vs BC **WON**

[SabreSheep]

Yes. They will have a timeframe of when mediation will be concluded by. They will check your availability and then match with defendents.

[slick132]

You could now contact Barclays Litigation and ask if they wish to avoid the further time and expense involved with this ongoing claim.

 

Ask them if they would now like to settle your claim in full to avoid troubling the court further and incurring further legal fees and court fees.

 

Contact by email if you have it, or letter.

 

[orge]

Ok. Will speak to the mediation people this afternoon and try to get some dates in soon.Have already fired a prompt at Barclays.Just waiting for a response now. :)J

[orge]

Mediation is booked for the 27th of March - the latest date that was available, so looks like stalling.

Nothing more from Barclays yet; no comment from the new solicitor in response to my prompt.

 

J

[orge]

Proposed response to latest offer from Barclays:

 

"Unfortunately your offer has arrived just as I am about to head on holiday for a week, so I do not have much time to address it’s contents at present. However, mediation is scheduled for the 27th and I believe that this still leaves us with plenty of time to conclude this matter on my return.

 

In brief, your current offer is still unacceptable to me on several accounts:

 

1. The settlement still includes provision for a balance to be paid to Lowell, yet your client no longer owns this debt. This clearly has no legal basis and would be frowned upon by both the court and the Financial Ombudsmen. Please understand that I cannot accept any offer with this condition attached.

 

2. Additionally, your offer is still substantially less than the total value of my claim and I am under no obligation to compromise. It's stated clearly in the CPR that rejection of a settlement offer does not constitute "unreasonableness" on its own. I fail to see how any other aspect of my conduct can be construed as obstructive.

 

Indeed, I would remind you that your client has had ample opportunities to resolve this matter before a claim was raised. However, they have only chosen to engage after the legal process was initiated. I strongly suspect that you client is following a consistent pattern of behavior and may be abusing the legal process as a mechanism to stall their ultimate settlement of this claim. Consequently, I would warn you that I will reclaim costs for time and money spent producing a court bundle if they then elect to settle prior to a hearing. I'm sure you appreciate that a court would most definitely construe this behavior as unreasonable under the CPR.

 

I reiterate that I am happy to settle for full payment of the claimed amount and avoid further legal fees and use of the courts time.

 

3. I appreciate that your settlement offer now includes specific reference to the default you added on 11/2/15. However, I would appreciate if this can be reworded to include all adverse credit markets added to my file in relation to this account. This is because Lowell have registered an additional default of their own and I would like to ensure its removal is included in any settlement.

 

4. Finally, I will only withdraw my claim once settlement funds have been transferred into my account and all adverse credit markers have been removed."

[SabreSheep]

Ok be aware they may buy back the debt and set off against it.

 

If they do this you will want to demand a letter of assignment b4 settlement.

[slick132]

I like your letter

[orge]

Back from holidays now and the letter was sent yesterday.

Will let you know when I hear something new.

Thanks for the support!

 

J

[orge]

Mediation was sheduled for today but it doesn't look like it will be required.It's fair to say that I am having a good day though. :)J

[slick132]

Ooooo !!??

 

Sound like a settlement may have been reached, but it's subject to Confidentiality.

 

Maybe that is why you're having a good day.

 

[orge]

Just an update to say that Barclays have bought back my debt and I have received a letter of assignment this morning.

It claims this happened on 23/3/15, so it has taken quite a while for the letter of assignment to come through.

 

J

[orge]

Happy Monday, folks!

[SabreSheep]

[slick132]

Hi Orge,

 

I'm guessing here but it looks very much to me like you've reached settlement with Barclays Litigation but your lips may be sealed due to confidentiality.

 

I further assume this resulted in the refund of penalty charges, compound interest in restitution and the removal of adverse CRA data for the account.

 

If I am wrong, please say so. Otherwise I have taken the liberty of changing your thread title to reflect your (probable) **WIN**.

 

Big Congrats (probably) :whoo:

 

[orge]

I can't comment on the final outcome but I would like to thank you all for the support I've had along the way. Its been invaluable and I feel like I have learned a lot from this community.

 

I think it's amazing that this forum empowers people with no legal background to challenge the status quo and I will try to disseminate what I have learned both offline and online. I feel that this "grass roots" movement is important and may help to realise change in these institutions.

 

J

[orge]

Woot! Just been approved for a new credit card - first in many years.

Happy days!

 

J

[SabreSheep]

Woot! Just been approved for a new credit card - first in many years.

Happy days!

 

J

 

Dont do it credit cards are da evil

[orge]

Dont do it credit cards are da evil

 

Maybe I'm just doing it to turn them down?

 

J