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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Clare 185 vs. Yorkshire Bank - Help please!

Clare185
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Clare185

Clare185

Posted
Posted

The story so far......... I sent the letter requesting my statements for the last 6 years along with the £10 fee. I received these after about 2 weeks. I then calculated what they owed me, and sent the next letter asking for them to refund the charges plus interest. Got the standard letter back saying they would review and let me know in due course. Last week I got a letter asking me to make an appointment at the Bank to discuss further. I'm sure they will try to fob me off again so if anyone has any tips on what to say when I meet it would be greatly appreciated.

 

Good luck to all.

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diddled

diddled

Posted
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I would strongly discourage you from attending a meeting. You have started the ball rolling, you must call the shots, insist all communications are in writing.

If you decide to go ahead with a meeting, it is in your interests to use a discreet recording device.

When Yorkshire Bank know they are "cornered" their standard response is usually- As far as the bank is concerned this matter has now been exhausted, and we do not intend to enter into any further communications with you on this matter!

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  • 3 weeks later...
caro

caro

Posted
Posted

Very wise move. You're calling the shots now. Good luck. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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Clare185

Clare185

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Update: I received a letter this morning (following the LBA), which I think is the standard letter everyone gets saying the charges are lawful etc. etc. They also said that I should contact the Financial Ombudsman if I have a complaint. Should I do this and try and resolve this with their help (or will they agree with the bank) or just go straight to court? If anyone has any advice it will be greatly appreciated.

 

Thank you

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caro

caro

Posted
Posted

Go to court. Stick to your guns and the process here. I am at exactly the same stage. The 14 days I gave in my LBA aren't up yet, but by the time I get my head round the moneyclaim business they will be. Good luck and keep us posted.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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caro

caro

Posted
Posted

By the way apparently the ombudsman takes forever so ignore that bit too.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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dan-rides-bikes

dan-rides-bikes

Posted
Posted

moneyclaim.gov.uk

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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caro

caro

Posted
Posted
Thank you. Should I get a solicitor or not?

 

Not unless you have megabucks to spare. Keep looking and you will find all the answers on this site. There are a couple of thing BankFodder suggests buying (through the site) which help out with the Moneyclaim process. I am debating buying them but not sure I can manage them on top of the moneyclaim fees. Might be false economy though.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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  • 8 months later...
Clare185

Clare185

Posted
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Posted

Hi I wondered if anyone can help me. I started reclaiming my bank charges from Yorkshire Bank about 8 months ago. I sent all the letters of as suggested and got as far as taking them to the small claims court. Unfortunately, my husband was made redundant so I was unable to pay the court fees. I am now in a position to do this and wondered if I had to start the whole process from scratch or if I can just go straight to court. Will I also have to reduce the amount I am claiming to account for the last 8 months?

 

Any help would be much appreciated.

 

Thanks

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Rooster-UK

Rooster-UK

Posted
Posted

Check your schedule of charges.

Remove any from the tail-end which are over six years old.

Add any new charges since the schedule was first put together.

Mark it clearly, "Amended Claim".

 

Send a copy with a new LBA (letter before action) and continue from there.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 7 months later...
Clare185

Clare185

Posted
  • Author
Posted

I'm hoping someone can give me some advice as to what to do next!

 

I received an allocation questionnaire from our local court and used the template for the draft order on this site to complete this (http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html). I returned the form to the court by the deadline of 17 sept and also sent a copy to Yorkshire Bank.

 

I have now received my court date of 11 dec, but there is no reference to the details in the allocation questionnaire and I don't know whether I should ring the court to ask why they have ignored my requests. What do you think?

 

Thank you.

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caro

caro

Posted
Posted

This is rather surprising Clare as most claims are being stayed. Is this a personal or business account, and which court is it? The court are under no obligation to use the draft order, but some have used it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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Clare185

Clare185

Posted
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Posted

It's a personal account and my local court is S****horpe (the claim is for £1,300). The letter just states that I have to send the documents I am relying on and and any witness statements to the court and to Yorkshire Bank 14 days before my hearing. Do you know if the bank is turning up to defend claims or settling beforehand? Thanks.

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caro

caro

Posted
Posted

Generally they are applying to have them stayed. Otherwise they are settling beforehand, but I think you need to be prepared to go to court. If they haven't applied for a stay yet, they may send a local solicitor to apply for one, and if it isn't allowed they are likely to settle with you.

 

I would suggest that you phone the court to check that the case is still proceeding.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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  • 1 month later...
Clare185

Clare185

Posted
  • Author
Posted

Hi Again

 

My court date is set for Tues, 11th Dec at 2pm. I sent my bundle a few weeks ago but have not received anything from the bank. Also, the bank have not applied for a stay, so I am guessing they are likely not to turn up. That said, I presume I will still have to put my case forward to the judge so I would be really grateful if anyone has any tips etc. that I use/say to help win or what I am expected to do if there is only me that turns up.

 

Thanks

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caro

caro

Posted
Posted

I really find this very odd. I have a feeling that if the case is not stayed, and you win by default, YB will ask for the judgment to be set aside, and then apply for a stay.

 

If there is a solicitor outside offering a settlement, which is likely to be without some of the interest, stick very firmly to your guns. If you are offered every penny up to the date of settlement, including court costs, accept it. If they offer to settle charges and just go to court to decide the interest, I suggest that you decline and say you will settle for all or nothing. I believe you will get it or they will have to go to court and explain why the charges are lawful. If you do settle first, carry on into the court and ask for an order from the judge giving a specified time for YB to settle with you, in case they decide to take their time or change their mind. I would suggest 7 or 14 days may be acceptable.

 

Unless you can demonstrate real hardship the chances of a stay application being refused is miniscule, and that is what I really expect to happen.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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Clare185

Clare185

Posted
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Update:

Well I turned up to court today, fully expecting to win by default as I had not received a bundle from YB and there was a barrister representing YB there to greet me - how nice! They applied for a stay which I agreed to so fingers crossed for the test case.

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caro

caro

Posted
Posted

All I wonder is why they didn't bother applying earlier and saving themselves the cost of a barrister, and you the bother of turning up. As you say, fingers crossed for the test case.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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caro

caro

Posted
Posted

I can't say that I disagree georgieboy, but the shareholders might think it's a waste of their profits.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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  • 11 years later...
Clare185

Clare185

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This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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