My Claim Against Yorkshire Bank **SETTLED IN FULL**

[Andy Wade]

Hi again, here's what a few of the other Mods reckoned:

Hope this helps! - It would appear that Robertcx & SpiceSkull are your best bets for any further help on this!

 

Well, I was in a good mood this morning until I read this, now I'm in a very good mood!

I find this sort of thing very uplifting.

Before I came here, I used to find banks intimidating, now I question everything they do.

And with good reason because they are at best incompetent. At worst, maliciously devious.

Talk about feeling empowered!

[rascal3103]

You think that any claims put in the future we, we should add account holders, just to be sure ?

[pjdudley69]

You think that any claims put in the future we, we should add account holders, just to be sure ?

 

Going by Trunny's experience, I would say it would be a good idea, just to cover all bases. It certainly can't hurt anything can it, and it will be one less reason for YB to slow things down.

[trundlecat]

Get a copy of YB's AQ. They've ticked "yes" to the question about postponing the case for 1 month to try & settle.

[trundlecat]

Oh & by the way. I'm not riting to give them permission to change their defence. If they want to mess about they can pay for the priveledge. I don't think any judge would hold that against me after all the going's on & stalling attempts I've had off them.

[turt77]

Well done trunny. What difference does their defence make if they've requested a month to settle?

[trundlecat]

Ok, here's the latest.

 

I have sent a letter to YB basically saying:

 

We did not respond to your recent letter regarding your change of defence as we do not want to be involved in your wasting the courts time because:

a. We cannot see the relevance of CPR 19.3 to this matter.

b. Yorkshire Bank are very aware the account was in joint names & would no doubt exercise the right to pursue either of us as individuals should the situation have ever arisen. Due to this we do not see the logic or justice in insisting any claim against yourselves be in joint names.

c. In any case, form N244 has been submitted to include Mr Hubby.

 

In your allocation questionnaire you have responded “Yes” to question A regarding a 1 month stay to attempt to settle the claim. Should the court grant this stay we shall be writing to object & request the stay be removed on the grounds you have had the opportunity to attempt to settle since the first request for refund dated 20 May. We have been fair, reasonable & open with you and have on numerous occasions invited dialog regarding settling this matter without the need for court action.

 

Once again, we are open to any attempt to resolve this dispute by other methods but be in no doubt that should needs be, we are very well prepared & more than willing to face you in court.

 

 

I have a problem though..... & it's a biggie......

 

I'm sat here in front of form N244 (to put hubby on the claim) & I don't have a blooming clue what to do. I can usually find my way around most things but this has me completely stumped If I can't get any advice on here I'm going to have to go to a solicitor & get them to help me with this as even though it's short, I honestly don't know where to start or what to do.

[caro]

I have had a quick search for you hun as short on time at the moment. Take a look in the Abbey forum at Lostinparadise thread who has/had similar problems. Advice there might help you. If not put N244 in search and see what comes up.

[trundlecat]

Thanks Caro but no-one has used an N244 to add a claimant yet (as far as I can see from searching).

 

Going to the CAB today with my N244. I'm sure it's easy when you know how but I just don't know which box to tick.

[diddled]

Hi,

If YB insist on you submitting an N244 to have your hubby included in the claim, make sure your application includes a request that the costs of making the application are borne by the defendant.

The bank may try and argue that by not including hubby in your original claim, it is your mistake.

I had a similar problem with YB around 3 years ago, the Bank claimed my husband should be named as a joint claimant(Unfortunately on this occasion they were right)The Judge gave me permission to make amendments to my original claim, but ordered that the costs in relation to the amendments were borne by the claimant (me)

[caro]

Why not just go straight to the court for advice Trunny?

[trundlecat]

I have a court date!

 

Mon 4 Sep

 

this is good news for 3 reasons:

 

1. A court date at last!

2. YB asked for a 1 month stay on the AQ, the judge has refused them.

3. YB asked for the case to be struck off on their AQ due to it only being in my name & the account is in joint names with hubby - the judge hasn't struck it off.

 

I have to get all my paperwork into court for 21 Aug. Any help as to what I should be sending in would be appreciated.

 

Here we go!!!!

[koberoy]

Hi Trundlecat !

Atlast there is some light at the end of the tunnel. I`ve been following your progress for a good while now. I really do believe that the pleasure would be so much more if you actually got to face them in court, even though we all know that is highly unlikely. Anyway best of luck and enjoy your day when it arrives, sooner the better.

[norvernrob]

Great stuff, looks like the first claim against YB is going to be settled imminently - or are they going to be arrogant enough to actually go to court and argue their case?

 

Reading their defences I somehow doubt that!

[dan-rides-bikes]

fantastic news, not long either

[rachel2609]

Hey Trunny

 

Great news!!!

 

Regarding collating your defence, from what I have gathered from other threads/other banks the following would be expected:

 

1. Copies of all correspondence between yourself and the bank in time order

2. Schedule of charges (the spreadsheet with interest basically)

3. Copies of legislation i.e. Unfair Terms in Consumer Contracts Regs etc - see the Library

4. Copy of Terms & Conditions - so you can prove that you have broken your contract with the Bank and therefore the charges are a penalty for breaking said contract

5. Copy of the OFT report - downloadable off their website

6. Anything else you can think of that would help your case

 

Im just prepping my evidence for my Mum's case against LTSB - albeit not until 27th September, I am getting ready in advance so if you need any help give me a shout.

 

I have been involved with a number of Employment Tribunals through my job, and would suggest that the correct etiquette would be to gather all your information, and then numebr each piece of evidence i.e. initial letter - number 1, initial fob off letter - number 2 etc etc, and then create a cover sheet listing all documentation, this will also help you should this come to Court.

 

Also, for ease on your copy and also the copy submitted to the Court I would suggest highlighting the relevant paragraphs/points in the legislation/letters etc on which you will be relying.

 

Hope this helps

 

Rachel

[trundlecat]

Rachel, you're a star! Thank you!

[maroonfox5]

Trundlecat,

 

Just two more things worth adding to your list.......

 

Don't forget the transcript of the Peter McNamara interview in 2004 and an audio copy of the interview on CD as well.(they're in the library somewhere I think)

 

You can then stick them up the YB's you know where!

 

Good Luck

 

 

Maroonfox5

[trundlecat]

Thanks Maroonfox5!

 

I knew there must have been some reason why I woke up at 5am this morning & it was obviously cos I had to download the McNamara stuff.

 

All done now. Just have to put them all in a folder after work & trott through to court with them.

[maroonfox5]

Shouldn't that be 'Trundle' through to court

 

All the best

 

MF5

[trundlecat]

Nah, only cats are allowed to trundle

 

Well, that's that. Delivered by hand this aft. They'd just closed for the day but it's still gone through their letterbox before the deadline. Thank god that's out of the way.

[maroonfox5]

Trundlecat.....

 

EDITED

 

NUFF SAID

[JulesTools]

Hi Trundlecat,Hi Maroonfox5......

I am in exactly the same situation one account in my name and one joint account.So far yb have offered me half of the 400 i am claiming for the joint account and sfa for my account.Have just completed an online moneyclaim for the joint account and was bout to submit it when i saw this post.Any help/advice would be appreciated(post double hijacked sorry:-| )

Julian + Lisa

[trundlecat]

This is pretty much unknown ground at the moment. YB altered their defence to have the case struck off & they also requested it on their AQ. However, I sent a letter in to court which was put with my AQ & the letter I received from the court stated that the Judge had considered everything on the AQ’s & decided the case would go ahead. I know this is no guarantee that when in court (if it happens) YB won’t argue again but the worst that can happen is that the case is adjourned & I’ll have to enter the N244 form to have hubby put on their as a joint claimant.

 

YB are saying CPR 3.4(2) says claims must be in both names but CPR 3.4(2) is specifically to do with insurance claims & so has no real relevance to these cases so they’re clutching at straws. In addition to pointing this out, my letter argued that when joint accounts default YB reserves the right to pursue the account holders as individuals (in cases of divorce or separation) so them asking for any action that’s taken against them to be in joint names isn’t a fair term & appears no-where in their T&C’s. Having it both ways in their favour simply isn’t natural justice.

 

So, it’s really up to you. Maroonfox5, if you’ve already done your claim I’d be inclined to wait & see if I’m told by the Judge that my hubby has to be included & if he does amend your claim. Julian & Lisa, if you haven’t done MCOL yet then I’d be inclined to do it in joint names just to be on the safe side.

 

Hope that helps, sorry I don’t have a black & white answer,

TC

[JulesTools]

thanks for that trundlecat , i have not submitted the online moneyclaim as i went down to the local county court today , they were very helpful and i came away wit about 6 N1 forms and every pamphlet i could carry (they kept giving me them by the time i`ve read them all i will have a law degree lol)

N1 is completed (thanks for the help from jonni2bad too and bankfodder for the templates/hard copy) am submitting it with copies of summaries of charges etc friday AM . will keep everyone upto speed thanks again

Julian and Lisa