Sandra v the YB **SETTLED**

[Michael Browne]

Your LBA was sent 1 Aug? So you're due to file at moneyclaim. I wouldn't give them a further 14 days, 7 at most.

 

As a gesture of goodwill, I will allow you a further 7 days. If you do not comply fully before 5pm on Monday 21st August, then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

[s k shaw]

Thank you Michael,

I'll deliver letter on Monday - watch out for update.

Regards

Sandra

[s k shaw]

Well surprise, surprise, The YB are calling my bluff! Oh eck!!

 

Having refused to accept their offer of 50% of what I am claiming, their letter says, and I quote: -

 

'To reiterate -"This cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this".

 

The Office of Fair Trading made comment on 'late payment of fees' levied by credit card issuers. There has been no ruling or investigation on charges relating to current accounts. Nevertheless, the Bank has made a generous offer which will not be increased.'

 

1. Would anybody like to comment on what they say?

 

2. I have started to complete the Moneyonline claim form - is the defendent the Yorkshire Bank or is it Clydesdale Bank cos even though I have been sending my correspondence to the YB, it has been Clydesdale that keep responding.

 

3. Sometimes I start to type into my thread and then go off to look something up but when I come back into my thread, whatever I typed in, has gone. Is there any way of saving it or do I have to complete and post it in one go?

 

Thanks muchly

Sandra

[caro]

Well surprise, surprise, The YB are calling my bluff! Oh eck!!

 

Having refused to accept their offer of 50% of what I am claiming, their letter says, and I quote: -

 

'To reiterate -"This cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this". They are in no position to dictate terms. I suggest you just send it back and say you are claiming the full amount through the court.

 

The Office of Fair Trading made comment on 'late payment of fees' levied by credit card issuers. They also commented on the high level of charges imposed by the banks when they were investigating credit card charges, which took the banks by surprise as they didn't have the opportunity to discuss it with the OFT before it was published. There has been no ruling or investigation on charges relating to current accounts. Yet, but I think it is in the pipeline. Nevertheless, the Bank has made a generous offer which will not be increased.' Let's see what the courts have to say about that.

 

1. Would anybody like to comment on what they say? In red..

 

2. I have started to complete the Moneyonline claim form - is the defendent the Yorkshire Bank or is it Clydesdale Bank cos even though I have been sending my correspondence to the YB, it has been Clydesdale that keep responding. Clydesdale Bank plc t/a Yorkshire Bank. Do not use address in Scotland.

 

3. Sometimes I start to type into my thread and then go off to look something up but when I come back into my thread, whatever I typed in, has gone. Is there any way of saving it or do I have to complete and post it in one go? Happens to me as well. Try using more than one window.

 

Thanks muchly

Sandra

 

[Michael Browne]

1. Tear the cheque in 2 and send it back.

 

2. Whoever your a/c is with.

 

3. If you're typing a post and want to go off and look at something, press Ctrl N. This will open a new page. Navigate from this page to wherever you want to go.

Then click on the 'Sandra v YB' in the taskbar at the bottom of the screen to go back to your original post.

[s k shaw]

Hello Everybody

 

For one reason and another I've not been able to progress my claim but now I'm back and I'm completing the Money Claim on line. As my letter of refusal to the bank's offer was on the 14th August, have I prejudiced my case and can I still proceed with the moneyclaim?

 

I would appreciate a little bit of clarity on completing the 'particulars of Claim' section on the form. This is what I have done so far: -

 

The Claimant has an account number xxxxxxxx ("the account") with the Defendant bank which was opened on or around 1989 and which is conducted on their standard terms and conditions. The Claimant is claiming the return of money taken by the Defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts)Terms Act1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant claims £430 plus interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7/8/2000 to 1/10/2006 of £73.86 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of ?%

 

Is it sufficient to simply state '£430' or do I need to show how I have calculated it?

 

What should the daily rate of interest be or should I reword it to say 'at the current daily rate of interest'?

 

The amount claimed (as entered on the form), should this be exclusive or inclusive of the interest?

 

Thanks - I await replies with baited breath.

[Michael Browne]

You do need to show aschedule of charges, but you can't do it on moneyclaim. send 2 copies to MCOL claerly marked with your calim no. to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

 

Daily rate is your charges £430 x 0.00022= £0.09p

[s k shaw]

Thanks Michael

 

Just to confirm - I should proceed with the MCOL and support it by sending 2 copies of my calculated charges spreadsheet to the address you provided, identifying the case with the claim no.?

 

Any views on - the timescale between when I last wrote to YB (14/8/06) and my Moneyclaim?

- The amount claimed (as entered on the form), should this be exclusive or inclusive of the interest?

 

thanks

Sandra

[Tinkerbelle]

You do your money claim once 14 days have passed since you issued your LBA. SO yes you can issue it now.

 

Send a copy of your schedule of charges to the court. You can print off a copy of your online N1 and attach it so at least they are together.

 

The amount that you enter on the form must include the 8% interest you are claiming.

 

Hope that helps.

[s k shaw]

I have completed the MCOL and sent 2 copies of the schedule of charges together with an accompanying letter by post. Hopefully, Northampton County Court will marry the 2 together.

 

I have also sent a PM to Caro to add my thread to the Litigation in Progress section.

 

I would very much appreciate a volunteer to be my buddy at this stage - any offers?

 

Regards

 

Sandra

[s k shaw]

I have today received a letter from the Clydesdale bank which reads as follows:

 

'You have failed to provide details of the account you claim to hold with the Bank (sort code and Account No) nor have you provided sufficient details of the charges you allege should be refunded (date and amount levied).

You are required to provide these necessary details to us by no later that 13th October 2006.

Should you fail to provide such details, we will apply to the court to have your claim struck out pursuant to CPR Part 3.4 (2) © and that you be ordered to pay our costs of the proceedings subject to detailed assessment on the basis that you have failed to provide full particulars of claim as required by the Civil Procedures Rules.'

 

Well, all of my correspondence was sent to my branch of the Yorkshire Bank (I have never written directly to the Clydesdale in Glasgow). I have quoted my account number on all correspondence but not my sort code. Why would I, when they hold my account? I have also sent to my branch a schedule of the bank charges I am claiming, together with the the interest calculation as per the spreadsheet I downloaded from the library.

 

Surly the responsibility lies with the Yorkshire Bank to pass this information to the Clydesdale in Glasgow.

 

Shall I now send a copy of the schedlue of charges to the Clydesdale with a snotty letter?

[Michael Browne]

Yes, but not too snotty a letter, since I suggest you also send the court a copy of their letter and your reply and ask that they be attached to your file

[s k shaw]

Thanks Michael - will do.

[caro]

A very nice reasonable letter would be good, to show how reasonable you are and show them up for the bullies that they are.

[s k shaw]

Well, I have been watching the days tick past and by my reckoning the YB's 21 days is up tomorrow. I've checked today on my MCOL and nothing has happened since they Acknowledged the Service. If I receive nothing in the post tomorrow morning or nothing changes on my MCOL, should I seek a judgment against them on Sunday via the MCOL.

 

What do we think out there? Am I rushing ahead, does it make any difference whether I seek a judgment immediately or later next week?

 

Regards

Sandra

[Tinkerbelle]

Well, I have been watching the days tick past and by my reckoning the YB's 21 days is up tomorrow. I've checked today on my MCOL and nothing has happened since they Acknowledged the Service. If I receive nothing in the post tomorrow morning or nothing changes on my MCOL, should I seek a judgment against them on Sunday via the MCOL.

 

What do we think out there? Am I rushing ahead, does it make any difference whether I seek a judgment immediately or later next week?

 

Regards

Sandra

Enter judgement as soon as you can. You are one of the lucky few

 

Once they have acknowledged they have 14days to either cough up or say they are going to defend.

[Michael Browne]

Having acknowledged YB have 28 days from the deemed date of service to defend which puts it somewhere around the 4th Nov.

[Tinkerbelle]

Having acknowledged YB have 28 days from the deemed date of service to defend which puts it somewhere around the 4th Nov.

 

Help me here please

I thought that once the claim has been issued they have to acknowledge it within 14 days, and once they have done that have to defend or pay up with a further 14 days?

 

Edit: That's 28days isn't it? Ignore me, it's been a looooooooooooong and stressful week :-|

[s k shaw]

But isn't it 28 days from the date of my service of the claim and not 28 days from their Acknowledgement of Service?

[Tinkerbelle]

But isn't it 28 days from the date of my service of the claim and not 28 days from their Acknowledgement of Service?

 

28 days in total from service..

[Michael Browne]

According to s k shaw's previous post claim was issued on Oct 2.

 

Deemed date of service is usually 5 days ie Oct 7.

 

Yb have 14 days to acknowledge ie Oct21 and if they do then have 28 days from original date of service to defend ie Nov 4.

[s k shaw]

Thanks

That makes sense. I was taking the deemed date of service as being the date that I issued the MCOL. Looking more closely at the Notice of Issue, it does say the 7/10 as the deemed date. I knew it was too good to be true!! Well, I'll just have to sit tight for another week.

 

I'll keep you posted.

 

Sandra

[caro]

I would hazard a guess that they will defend at the very last moment, or you might even enter judgment and then they will ask for it to be set aside, and get it. Unless they plan on changing tactics again. I hate to be so negative but they just delay everything so much. It drives you mad sometimes but they will give in eventually.

[s k shaw]

I have today received an offer from YB for the full amount plus the cost of submitting my claim but not for the interest and I am very happy with that. I know some of you may not agree with me but I am going to accept the offer. the interest did amount to £73 but I have taken the view that this amount does not cover my time in preparing a case for court and if I'm really being honest I don't think I could go through with it. I would like to thank everybody that has helped me to get this far and I will be makin a donation once the money arrives.

 

Good luck to everybody else - keep at them.

 

By the way, I'm going to proceed on behalf of my son - which has been on hold for a while.

 

Thanks again.

[Tinkerbelle]

It is highly unlikely they will turn up to court, and you have already issued the court claim!!

 

But if you want to settle that's up to you. If it was me I would hold out.