KR v YB

[koberoy]

Hello everyone !

I`m new to this but have spent a fair few hrs in the FAQ and reading various case notes.

I`ve banked with the YB for about 15yrs but in the last 5 or 6 i`ve really been stung for charges.

I`ve got the ball rolling by sending £10 of postal orders along with a Subject Access Request letter by recorded post on the 14-7-06. I`m told they should receive it by monday 17th at the latest. Thats when i`ll start counting the 40 days, which at this stage feels like an eternity.

Ps This is an excellent site and thanks for all the info. I`ll keep you posted on my story

[pjdudley69]

Hi Koberoy and welcome to the site. You've made a good start by reading the FAQs and other posts [you won't get your wrists slapped by a Mod now ]. 40 days does seem like quite a long time, but it'll give you chance to read a lot more posts and learn what to expect in the long run.

 

Any questions just give a shout - we're all in the same boat, and we're all here to help.

 

PJ

[Andy Wade]

Hello everyone !

I`m new to this but have spent a fair few hrs in the FAQ and reading various case notes.

I`ve banked with the YB for about 15yrs but in the last 5 or 6 i`ve really been stung for charges.

I`ve got the ball rolling by sending £10 of postal orders along with a Subject Access Request letter by recorded post on the 14-7-06. I`m told they should receive it by monday 17th at the latest. Thats when i`ll start counting the 40 days, which at this stage feels like an eternity.

Ps This is an excellent site and thanks for all the info. I`ll keep you posted on my story

 

My statements arrived after 18 days, so that's encouraging for you. They seem to be getting their act together regarding complying with the DPA stuff, but the later stages are all still a bit of a hard slog it seems. I reckon it looks like they don't really know what to do, so they're delaying as much as possible in order to see if anyone falls by the wayside.

We'll all be calling their bluff then.

[blueskies]

Hi Koberoy and welcome to the forum. You appear to have made a good start and have a good idea about how to go about reclaiming your charges. If you need any help then feel free to post questions in this thread and we will do our best to answer them.

Steve

[koberoy]

Statements recieved this morning, hanging out of a shabby envelope. Not very impressed with how they handle confidential imformation but atleast they complied. Will get the highlighter out later and start totting up

[koberoy]

Hi there folks !

Just another question for you all. Which spreadsheet do you advise me to use when calculating the charges i`ve recieved and interest ? I`ve looked in the templates library and don`t know if i should use the simple or advanced spreadsheets. Does it really matter which

[koberoy]

Prelim letter draughted with schedule of charges and will post recorded delivery today , requesting repayment of charges totalling £ 1160. This figure doesn`t include interest. YB ! i`m coming to get you

[koberoy]

Hi everyone ! i`ve been in the FAQs again. I just dont understand the interest thats generated from solely my charges. My point is, if you`ve got an over draught then that generates interest every month. So if you`ve been charged then that would be responsible for part of that interest, but not all.How do i work out the sum of that interest. The spreadsheet i used only calculated the 8% which you apply when going to court.

Would much appreciate if someone could enlighten my understanding

[koberoy]

Recieved standard fob off letter yesterday. L.B.A time now !

[koberoy]

Hi all ! The 1st schedule of charges i sent with my prelim letter only contained charges and no interest. This was because i used the simple spreadsheet. After recieved thier initial fob of letter i decided to try the more advance spreadsheet. My charges totalled 1160, the advanced spreadsheet came up with the figure of 613.87 in interest on penalties. Is this a realistic figure:confused: . I don`t want to send my LBA off with a schedule of charges that i`ve made a mess of !

Any help more than welcome

[caro]

Are you using the right spreadsheet? Use the advanced one and that has a sheet called "Charges and Interest". Fill in the amount of your charges, and then there are more columns for calculating the interest. If you get stuck there is a thread which in the general forum to help you. I think you are quite right to include this as you would not have incurred so much interest without the charges.

[koberoy]

Hi All! I`m slightly behind schedule, due to a much needed family break.

Anyway a quick update. After sending my LBA i recieved a letter saying they would relook into my case, and would get back to me within 4 weeks. MCOL filed tonight so lets see what happens now:D

[koberoy]

Do i need to send a breakdown of charges to the courts, or is it something i`d just produce on the day

[caro]

You can send them 2 copies when you file the Allocation Questionnaire that the court will send to you for completion.

[koberoy]

Thanks Caro:)

[koberoy]

Looked on MCOL tonight. Still nothing. They were deemed as issued on the 24th and have until the 8th to respond. Tick tock !

[koberoy]

Hi everyone

I got a letter from their legal services today

`Dear Mr Koberoy

I refer you to the above claim that you have raised with the bank. The bank has filed an Acknowledgement of Service.

You have failed to provide details of the account you claim to hold with the Bank(sort code and account number) nor have you provided sufficient details of the charges you should be refunded(date and amount levied)

You are required to provide these necessary details to us by no later than 13th Oct 2006

Should you fail to provide such details we will apply to have your claim struck out pursuant to CPR part3.4(2)© and than you be ordered to pay our costs of the proceedings subject to detailed assessment on basis that you have failed to provide full particulars of claim as required by the Civil Procedures Rules.

You should take independant legal advice or contact your local Citizens Advice Bureau if you are unclear on any of the terms of this letter.`

It came as a bit of a reality check this did. Firstly i`ve posted recorded delivery a full schedule of charges including all interest along with a short covering letter. Their letter was dated the 10th and i receieved it today. They should have the info they requested tomorrow. What i don`t understand is that they have all this information anyway. Or are they purely referring the the particulars of claim, which i couldn`t include my schedule of charges on MCOL.

[caro]

Don't worry, they are just trying to frighten you. If you have sent it already then that is dealt with. I assume your particulars of claim were the standard ones as suggested on this site, quoting the legislation which applies to your claim. If you have dealt with it already you can safely ignore it, as it seems they have crossed in the post.

[koberoy]

AQ completed and handed in today at the county court and paid the £100 fee. This is begining to feel like a bit of a marathon

[koberoy]

I`ll post this in the relevant thread as well. Just like to say i wish YB were as cooperative as MBNA. I sent the prelim letter 2 weeks ago. Gave them a call today prior to the despatch of my LBA. Spoke to a lovely lass who informed me they`ll pay my charges + compound interest at 22.9%. Cheque should be with me in 7 to 10 days. RESULT:D

[caro]

I have seen that they do that. I really wish I'd had an MBNA card instead of banking with this lot.LOL

[koberoy]

Hi all ! I recieved a Part 36 Offer- Without Prejudice save as to costs. The jokers have offered me £1070, when me claim total £2273.

It goes on to say that no offer is made in respect of interest as that is at the descretion of the court, and in their view the court would not exercise its discretion to award interest in my favor given that the charges were levied as a result of my own actions and failures.

...... and there`s more `This letter is written in an attempt to resolve this case without the need to incur further court time. It is therefore without prejudice to the banks whole rights and pleas and may not be referred to without the Banks written consent. Please note however, that should this offer not be accepted by you, the Bank will refer the Court to this letter when deciding the costs to be awarded in the case.

Are this lot really really trying to tickle me pink. I`m sure i`ve read a thread where someone got a similar letter. Should i actually reply to this bunch or just sit tight for my day in court.

Ps They also sent me a copy of Their AQ which states they`ve requested a month stat to try and settle. Any ideas anyone. Advice and comments will be much appreciated on this one

[caro]

Write and reject the offer. You might suggest that you are willing to just pay the amount of their actual costs as a result of the breaches, which will require them to show their calculations for this. You would amend your claim accordingly. I would also write to the court and object to the stay as they have had 3 months to try and settle, and have just come up with a derisory offer. If you haven't already done so also ask the court to consider a request for standard disclosure. They are in no position to second guess the courts views on statutory interest, so don't let them bully you.

 

They are not coming up with anything they haven't done lots of times before, except that the offer is lower than usual.

[koberoy]

Court date set for 22nd feb 2007

[koberoy]

Hi All !

The latest is i recieved an offer on the 13th for 1231 + 220 court costs. My charges totalled 1160 so thier calculation of interest is conservative at the very least. It also goes on to state that`any liability for tax on the interest awarded is included within the sum offered, and you are obliged to account to HMRC direct for any tax due.`

I`m sending my rejection letter off on friday. Court bundles need to be in by the 8th Feb, but mine will be in before because i`ll be in Egypt at that time. It doesn`t really leave much time before court.