Just to give you all an update - I contacted YB to see if they would consider settling out of court and was informed that they would be interested and would send something in the next 5-10 working days. I chased this up and was informed that the legal dept were calculating the figure and it would be issued shortly. Still nothing...................and then I chased again and was told that they were proceeding with the court date on 30/08/07 and the same person I had spoken to throughout the asbove denied all knowledge of what he had said previously!!!!!!!!!!!! In light of the OFT's recent announcement is it likely that the preliminary court date will still go ahead? I have read that the banks can apply for a waiver and that cases will be put on hold until the test case has gone ahead.

My case was transferred from Northampton to Dewsbury earlier this year and am not 100% sure why. Dewsbury is not far from my South Leeds home so it's fine and is probably more covienient to be honest. Just to give you a heads up - I have spoken to Yorkshire Bank today and asked if they wish to settle out of court and they are sending me a settlement figure in the next 7-14 days. I am fully expecting this to be way short of my total figure and if this is the case I will decline their offer and carry on with my claim through the court. I will update my thread with details of their offer - fingers crossed it's the right offer!!!!

Ok thanks - I haven't decided what I intend to do as yet. With regard to the Preliminary Hearing - I presume that I do not need anything for this hearing? The preliminary hearing is at Dewsbury County Court - should I assume that this will be transferred to the Leeds Mercantile Court? Thanks, Simon

Hello I have today received a 'Notice of Preliminary Hearing' which will take place on 30 August 2007. Is it worth me contacting the bank at this stage to ask if they will settle out of court? Ultimately I wish to claim the whole of my bank charges back and I have a friend who received his court date and contacted the bank by phone and they settled in full without going to court! Please let me know your experiences of this and any help you could give would be appreciated. Kind regards, Simon

I have had a couple of unauthorised overdraft fees charged recently (£25) - will these affect my claim?

Caro has had an illness in the family and has had problems with flooding recently.

I have today received a copy of YB's AQ. The AQ was due on 18th June and it is dated 18th - will the Court still accept it? My AQ was submitted some time ago. They have stated that they have 2 witnesses in total and appear to not have input anything in the other 'information section' - is this correct? I am becoming a little twitchy now with regards to this so any advice anyone could give would be apprecaited in terms of where I go from here. Also, would someone just have a read of the last 2 entries on my thread and make sure that what I have detailed is infact correct. I apprecaite that Caro is out of action so you will be snowed under at present but any help would be great. PS - Best regards to you Caro and hope you get everything sorted.

I appreciate that this might not be the CAG way to do it but I just felt more comfortable doing it a way I was sure of. Can anyone comment on my approach?

Thanks Caro. To clarify - by schedule of charges I mean the actual list of all the charges that YB have put on my account since 2001 plus interest on each idividual charge. I have supplied the HM Court service with total charges+interest+mcol fee. With regard to draft directions - on my AQ in other information I entered the following wording: I am respectfully requesting that my claim be allocated the small claims track. This issue is not a complicated one; it's an issue of fact and not of law. The issue is only whether the money levied by the defendant in respect of it's customer's contractual breaches exceeds their actual costs incurred. I am happy to pay their actual costs and I am surprised the defendant did not counterclaim for these because I would have paid these without argument. Howver, the continuing problem is (in common with the hundreds of other cases currently being brought by other banks customers) that the banks refuse to reveal the details of their penalty charging regime. As the banks have a fiduciary duty towards their customers, they have a responsibility to deal openly and in utmost good faith. Accordingly, I would respectfully ask that the Court in this case, notwithstanding allocation to the small claims track, order standard disclosure. I understand that it is in the Courts discretion to do so. I believe this would bring a rapid end to this litigation. This is wording used by a friend who 2 weeks ago received full settlement from Barclays Bank which I have used. Once he received his court date he telephone Barclays to enquire if they would settle out of court and they agreed. Your comments would be gratefully appreciated.

I have now received an AQ (N149) from the court. I have completed this thanks to the information in the FAQ's. Can someone confirm if there is any other information I should send to the Court along with my AQ? I have read conflicting reports whereby some people have and some haven't sent schedule of charges with their AQ. In addition I have also come accross reports where people have sent a copy of the AQ to their bank for information. Is this correct? Thanks, Judge24

Hello all I still haven't heard anything from the court but am hopeful it will be imminent! I have just been reading through my correspondence and have re-read my claim form when submitting my mcol and noted the sentence regarding the interest calculation up to judgement or earlier payment (at a daily rate of 0.021%). Could someone clarify as to whether this daily rate is applicable to just the interest I have already calculated or to the total amount of my claim? In addition, at what date do I calculate this from until? Is this something that I calculate or is it the responsibility of the court? Thank you in advance.

I haven't been asked to pay another £100 as yet but I'm presuming when I receive my next correspondence from the court they will request payment. Good luck with yours - let me know how you get on.

I response to cannonfodders recent e-mail does anyone know the outcomes of the Yorkshire Bank hearing 26 April 2007? You will see from my thread that I have recently been given a 'notice of transfer' from Northampton to Dewsbury County Court and am currently awaiting the Judge's instructions. I received this notice of transfer on 12 April and have still not heard anything. I have chased Dewbury County Court on several occasions and have been told that they are in arrears and will be dealt with by the end of this week. I have today been told that my file was passed to the Judge on 11 May and should be hearing something soon!

I have now received a copy of YB's defence - just looks like a standard document that they will send to all claimants. I have also received a 'Notice of Transfer of proceedings' from Northampton County Court to Dewsbury County Court. The notice of transfer confirms that ''the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise''. This sentance is also asterixed and the following sentance follows '' Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. Has anyone come accross this before?

Hello all I have now received a 'Notice that Acknowledgement of Service has been filed'. It states that they (Clydesdale) will defend all of this claim! The form has been signed by Kirstie Ann Ross who is the defendant's solicitor! My understanding is that they have 28 days to submit a defence - is that right? I presume I just need to sit tight and wait? Thanks, Judge24

I have now received my Notice of Issue from Northampton Court - Yorkshire Bank have until 2 April to respond. I am away on honeymoon for 2 weeks from 3 April - will it matter if things are not actioned until after I get back? I have also ripped the cheque in 2 that Yorkshire Bank issued and returned it recorded delivery stating that I am 'respectfully declining their offer'. I have also confirmed that I have now commenced court proceedings and requested that they reimburse the full amount plus the court fee. Thank you all for your help so far and hopefully you will continue to do so until the end.

Should I now send the cheque back as I have submitted my MCOL?

I have now submitted my MCOL. From my payment confirmation it appears as though they will process my application by 10am the day after payment (today). Is this correct? If so should I count 14 working days or just 14 days after this date? I am assuming that if I do not receive anything in 14 (days/working days?) that I can claim a judgement by default? Thank you all for your help so far.

Yorks bank have now returned the cheque detailing that their position remains unchanged. They have acknowledged that I will be starting legal proceedings and that all further corres will originate from their Legal Dept. I will not be settling for the £700 that they have offered and will commence court proceedings today. Should I keep hold of the cheque and bank it or just return it confirming that I will be commencing legal action? Thank you in advance.

I have just returned a cheque to Yorkshire Bank in respect of an amount of about a 3rd of my total claim. My total claim is £2200 inc interest so about £1700 without. They offered me £700 of the claim which I 'respectfully declined'. I have asked them to respond within 7 days with a more satisfactory offer otherwise I will comence court proceedings. I would be grateful if you would please let me know how you faired at this stage and what your outcome was?

Good idea - thanks 2 you both.

I am new to the forum and would like any help people would want to give me regarding my reclaiming of bank charges from Yorkshire Bank. I have received an offer from Yorks Bank of roughly a third (£700) of what I am claiming (£2200 inc interest, £1600 without). I wrote to Yorks in Jan requesting a refund of my charges which Yorks responded to with the standard it's part of your terms and conditions etc etc. I wrote back explaining that I would not be going away and said that I would be take court action. They responded with the 'our position remains unchanged but here's an offer of £700. I have now responded refusing their cheque and returning it with my letter (rec deliv) stating that I still want a full refund otherwise I will take them to the small claims court. Unfortunately I didn't give them a timeframe to stick to and wondered how long, if anyone has been in this position, Yorks bank will take to respond before I go through the small claims court. Thanking you in advance.