Deanus Vs Yorkshire

[diddled]

All of the particulars of my claim and correnspondence has been referring to the bank as 'Yorkshire Bank' not Clydesdale Bank. This is the first particular of their defence

I'm a bit confused by the above paragraph. Do you mean the Bank are claiming that you should have brought the action against Clydesdale, and not Yorkshire Bank.

Yorkshire Bank is simply a trading name of Clydesdale, so if your account was held with Yorkshire you are correct in issuing proceedings against them.

[Deanus]

Thanks for reply. The exact wording is:

 

The correct name of the defendant,as set out in the Acknowledgment of service , is Clydesdale Bank PLC trading as Yorkshire Bank ("the Bank").

 

How far on in the claim process are you?

[rascal3103]

Deanus,

 

Dont worry about the name thing, as diddled said, if you bank with a yorkshire bank branch then you are fine.

 

With regard to the joint account, let me have your email addy (pm) and I will send you a copy of the letter I sent to the court. They have allocated me a hearing now so mine has not been struck off.

 

Rascal

[Deanus]

Have a court hearing on the 18th December for a total of £1800 from Yorkshire. Its five months down the road now and they have offered an out of court settlement of £1246. I am rejecting this and going to wait for the court hearing. The letter they have sent me only asks me if I wish to accept, not decline. Do I need to send them a letter to decline their offer or just ignore it? They have also sent a letter of discontinuance form from court aswell.

 

Thanks.

 

P.S. Chrsit this isnt get rich quick!! Especially with yourshire bank! My friend started his claim with HSBC in August, recieved a full settlement after the moneyclaim stage of £2300!!

 

PAY UP YORKSHIRE BANK!!!! SAVE YOURSELVES SOME MONEY!!!

[JulesTools]

Hi Deanus,

 

I would advise sending a letter of rejection to their £1246 offer ststing that you WILL be continuing with court proceedings on the 18th December unless they are willing to make you a revised offer for the FULL amount including costs incurred and 8% interest to the date of payment.

 

Do not sign/return the letter of discontinuance.

 

Also agreed Yorkshire seem to be the hardest nut to crack (don`t I know it) but stick with it you will get what is is rightfully yours.

 

Just in case the Yorkshire decide to close your account (and they do) make sure you have provisions of a parachute account if you have not already and read Trundlecats thread regarding default notices issued against YB customers.

 

Good luck on the 18th , although YB will settle before then.

 

Jules

[Robertxc]

Have a court hearing on the 18th December for a total of £1800 from Yorkshire. Its five months down the road now and they have offered an out of court settlement of £1246. I am rejecting this and going to wait for the court hearing. The letter they have sent me only asks me if I wish to accept, not decline. Do I need to send them a letter to decline their offer or just ignore it? They have also sent a letter of discontinuance form from court aswell.

 

Thanks.

 

P.S. Chrsit this isnt get rich quick!! Especially with yourshire bank! My friend started his claim with HSBC in August, recieved a full settlement after the moneyclaim stage of £2300!!

 

PAY UP YORKSHIRE BANK!!!! SAVE YOURSELVES SOME MONEY!!!

just write back a short letter telling them that you do not accept the offer. That's all you need to do

[Deanus]

Owed £1291 + £350 (8% interest )+ £220 court costs. Yorkshire bank offered me £1026 + £220 court costs initially which I rejected. 10 days later they offered me the full amount of £1291 + £220 court costs but a refusal that they will pay the interest as it was my fault I was overdrawn etc. I am refusing this offer and will be attending court in a weeks time.

 

They say that it is at the courts descretion that interest is to be paid to my claim. This isn't a new law that has come in is it. Shall I still go all the way and claim my 8%? Thanks.

[Michael Browne]

They say that it is at the courts descretion that interest is to be paid to my claim.

 

They're right. All court fees, costs and s69 interest are awarded at the discretion of the court. What they don't say is that they are invariably awarded and it would be an exceptional case for these to be refused.

[Michael Browne]

Jut heard Martin Lewis's audio file about interest on charges. I'm a bit stuck though. I have been offered the full amount owed to me minus the interest. In all my previous correspondence I have calculated and quoted the interest that I am owed. Now that the bank have offered the full amount out of court can I just refuse it and see what the court decides. I am just worried that the court will say that I was offered the full amount before I attended court. By the way I'm in court a week on Tuesday.

 

As I said all court fees, costs and s69 interest are awarded at the discretion of the court, not the discretion of the defendant. They are willing to pay discretionary court costs, but not discretionary interest.

 

I would be more than happy to let the court decide.

[caro]

I have merged your threads to make it easier for those offering advice to see your progress to date.