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.
I started my claim against Yorkshire Bank In December and submitted a MCOL after sending all the recommended letters. The Bank has today entered a defence stating that the claimant must obtain the banks agreement before overdrawing and that charges and interest were published in their tariffs. They also deny that the charges are disproportionatel penalty and unenforeceable as alleged in my claim and they were a genuine pre-estimate of cost for failing to keep within the agreed overdraft limit. They further deny that the charges were levied pursuant to a contract term under section 4 of the unfair contracts terms act 1977 and that by virtue of section 15 of the supply of goods services act 1982 the charges fall to be determined by reference to what is reasonable for the service. Therefore section 15 of the act has no application in these proceedings.
They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank. The believe that the terms and conditions were fair in relation to the cost to the bank of maintaining admin systems relating to unauthorised overdrafts, unpaid cheques etc for the purpose of keeping the level of overdrawing under review and controlled.
HELP. I want to take this all the way and I am prepared to go to court, but I am feeling a bit out of my depth with all this legal jargon. What is my next step do I need to do anything and is what they say true.
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.
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
I started my claim against Yorkshire Bank In December and submitted a MCOL after sending all the recommended letters. The Bank has today entered a defence stating that the claimant must obtain the banks agreement before overdrawing and that charges and interest were published in their tariffs. They also deny that the charges are disproportionatel penalty and unenforeceable as alleged in my claim and they were a genuine pre-estimate of cost for failing to keep within the agreed overdraft limit. They further deny that the charges were levied pursuant to a contract term under section 4 of the unfair contracts terms act 1977 and that by virtue of section 15 of the supply of goods services act 1982 the charges fall to be determined by reference to what is reasonable for the service. Therefore section 15 of the act has no application in these proceedings.
They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank. The believe that the terms and conditions were fair in relation to the cost to the bank of maintaining admin systems relating to unauthorised overdrafts, unpaid cheques etc for the purpose of keeping the level of overdrawing under review and controlled.
HELP. I want to take this all the way and I am prepared to go to court, but I am feeling a bit out of my depth with all this legal jargon. What is my next step do I need to do anything and is what they say true.
Any advice would be greatly appreciated
Thanks
Hi
I am not suggesting that it is a lie but I am not familiar with legal jargon or all these acts they keep quoting and I suppose what I really want to know is how to reply to these issues. I would like to hear from anyone else who has claimed or is claiming from Yorkshire Bank.
GE capital (5 accounts) WON link HERE
Lloyds bank account WON second claim starting! link HERE
Budget insurance cough up WON linkHERE
Principles WON link HERE
A&L (Mrs Crusher's account) claim link HERE
Barclays claim link HERE
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.
They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank.
This is known as cloaking a service, and the OFT, in their booklet "Calculating Fair Charges" points out specifically that this is not allowed. The penalty is a penalty, and it is not a fee for a service...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.
I am not suggesting that it is a lie but I am not familiar with legal jargon or all these acts they keep quoting and I suppose what I really want to know is how to reply to these issues. I would like to hear from anyone else who has claimed or is claiming from Yorkshire Bank.
Easy to find this..........go and look at threads in the Yorkshire/Clydesdale section........and if you are not convinced then the settled cases in the same section should convince you 1
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Hi, I am just sending in my allocation questionnaire. I am using the new strategy and sending this with Draft Order for Directions and have a question regarding this. If this is agreed what would I send for c) and d) Statement of evidence and copies of decided cases and other legal materials.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Another question. I have sent all my previous correspondence to Yorkshire Bank in Leeds, but received a copy of their defence from the Legal Dept in Glasgow which address should I send the copy of the allocation questionnaire to Leeds or Glasgow
Glasgow - all correspondance and court documents should be served to the solicitors.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured 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.
You might want to add to the draft order to request disclosure of CYNtheSYS. The system identified in Whistleblower which identifies the exact amount it costs them to process any transaction.
Hi, I rang the court today as submitted my allocation questionnaire over 2 weeks ago and Yorkshire have only just submitted theirs and missed the deadline date. I spoke to a clerk who said that there is chance that it may be referred to the Leeds Court something to do with the Mercantile Court and consistency because of the volume of cases. He said this was up to the local judge and I will hear something soon. If this happens is this good or bad and what should I expect.
Hi, I have been reading about the hearing at Mecantile Court in Leeds on 26th April and I am starting to feel worried as I believe my case may also be referred to Leeds. I submitted my allocation questionnaire 3 weeks ago and rang the court last week and they informed me that that I should hear from them within the next week. Could you confirm that all the YB cases were settled? I know they asked for the cases to be delayed until the end of the year when the OFT REPORT
Hi, I have been reading about the hearing at Mecantile Court in Leeds on 26th April and I am starting to feel worried as I believe my case may also be referred to Leeds. I submitted my allocation questionnaire 3 weeks ago and rang the court last week and they informed me that that I should hear from them within the next week. Could you confirm that all the YB cases were settled? I know they asked for the cases to be delayed until the end of the year when the OFT REPORT is out do you think this is likely to be agreed at future hearings? also what happens if your case is selected as a Test Case?
Yosemite v Yorkshire Bank ***WON***
In December and submitted a MCOL after sending all the recommended letters. The Bank has today entered a defence stating that the claimant must obtain the banks agreement before overdrawing and that charges and interest were published in their tariffs. They also deny that the charges are disproportionatel penalty and unenforeceable as alleged in my claim and they were a genuine pre-estimate of cost for failing to keep within the agreed overdraft
Reply With Quote
Re: Yorkshire Bank
Originally Posted by caro
