Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Thank you for you generic response dated Xth month 2006.
In response to the terms and conditions laid out in your last correspondance (numbered 1 through 7, and with regard to points a through c) I would like to point out this can only be justified when the day arrives that Yorkshire Bank PLC are willing to ‘open their books’ in a court of law. I am currently tracking 137 different claims on this matter, and as you can imagine I doubt I will be the first to do so. In all concluded litigation with your clients, this action also proved impossible to achieve as the bank has settled out of court on every occasion. I have drawn conclusions on this.
You refer to the banks right to counterclaim. This does not alter my position.
I am aware that your 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I will now proceed with my claim. If the bank would like to settle this account, and in order to comply with small claims procedure, I will give Yorkshire Bank PLC until the xxx of xxxxxx 2006 to respond, thus giving yourselves sufficient time scales and time for post to reach you. My claim stands at £xxxx and needless to say if this reaches court, interest at 8% and costs will be added.
I would like to use this opportunity to remind the bank that this account is now in ‘dispute’, therefore any changes in the running of it must be approved by me.
Unless prompted to negotiate, this letter will be my last communication before court action. If you should wish to discuss this matter please write or E-mail me on the address supplied. I would not like to talk over the phone due to my nervousness and disabilities, and with recent experiences in mind.
I would bank it and write back saying that you are accepting it as part payment and pursuing the rest through the court. They are in no position to say it is Full and final settlement when there are still unlawful charges to be repaid.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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Re: Thailand v YB
Final response of YB. Reopened>need 4 weeks>blah.
I want to send the following letter. I appreciate I need not, but YB don't seem to be paying interest and for the sake of one last try I don't think it will harm (Mums had no offer, and I kinda want to get one as a semi admission of guilt)
I note that you have ‘re-opened’ my ‘complaint’. I wish to clarify the situation as it stands. I am giving Yorkshire Bank an opportunity to settle this matter before issuing a claim in the county court, which will be commenced on the xxx xxxxx 2006(they already know this), unless the matter is brought to a satisfactory conclusion.
I would like to point out that you may open and close my ‘complaint’ as you see fit, it is of no concern to my claim whatsoever, it is an internal practice only.
If you feel you would like to comment further on this issue before xxx xxxx 2006, please e-mail or write to me. This is of course on the understanding I will be proceeding with my claim on time if a satisfactory offer has not been received prior to that date.
My claim stands at £xxxx. Needless to say interest at 8% and costs will be recoverable if this matter should go to court.
Pointless I am afraid. It may work with some banks, but no chance with YB. Nothing to lose by it except for the cost of a stamp and your time. You have already told them this so I don't see the point myself.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Just manually entered 228 charges into excel again after saving over the original!!! N1 is nearly ready to go, could anyone help with these questions?
*Is this okay:
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £ 2768 and any interest charged thereon;
b) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
c) Data Protection Act fee.
Haven't seen this done, but thought I could claim it back ( I added it to the value on 1st page).
This template makes no reference to daily rate interest like MCOL (is that covered in point a above?)
I am not sure which template comes from, but you do need to include daily interest at a daily rate of xxp per day. If you are referring to the Data Protection Act fee, if it is already included in your schedule then just leave it as it is. All templates are for guidance only. It is up to you how you want to word it. The MCOL template clarifies everyting you need to include. http://www.consumeractiongroup.co.uk...laim-line.html
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Sorry for being a pain!, the Woolwich didn't charge me for SAR so was unsure where to put it (and I used MCOL for that claim). So I add this to my shedule of charges and take it out of the particulars - thanks!
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Hey, whats up with the panic stricken poster above , Panic over !!
Submitted a stack of 3x this and 2x this today, and the clerk complimented me on the standard!! but said its best if you address the defendant as the Bank and not your Ma! Shizzlesticks. Crossed out and initialed and manually penned the correct address, all that effort to get the first page messy!(of 3) Up all night printing and copying to make that error!!, sure it doesn't matter too much but I aim to be a bloody perfectionist AARRRGHHH!!
Oh I didn't mention in her particulars that she wants to be paid by chq, is that a problem - or can I mention that later?
This way and MCOL are totally different! MCOL is easier - but I think this way is best - it gives you a chance to go into greater detail and show your attempts to resolve with the bank in print
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Mum back off her hols, she has had YB's acknowledgement. Won't know anymore until I get the papers! (she rang in floods of tears saying YB are taking her to court - bless)
If they actually turned up in court I have a feeling that there would be loads of YB users there cheering her on. You know, I assume, that anyone can act as her lay representative so she won't need to speak herself. Tell her to worry about it when hell freezes over, cos it's unlikely to happen before then.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Thanks for the post caro.
I can tell her this and have, but she's worried sick. Although she now knows she is in the right - it doesn't tend to matter due to her disabilities - panic attacks at the thought of having to call the bank etc... and a compulsive worrier.
I will be in court if needs be!! They have no bloody compassion for who they sting.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v YB
Got my mums papers just now - its too late, and I'm too cream crackered to go over them in any detail - but everything seems standard apart from one thing. I was expecting our local county court seal and its sealed by a court approx XXX miles away? is this just a case of a busy court offloading some work to a quieter area?. Sorry just picked up on something else - the claim was deemed served on the 999th (edit) and was acknowledged on the 444th (edit), bah humbug! the banks get more time!
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Thailand v YB ***WON***
PLC,
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Re: Thailand v YB
Originally Posted by thailand
, 
Panic over