Zebbydog v Yb ***WON***

[hoogie32]

Zebby read my thread - you are about 2 weeks behind me

[zebbydog]

recieved defence from the bank today and must admit i am a bit baffled.To recap the claim is for charges made on curr acc and visa acc.In the defence papers there is mention of the curr acc and acc number.But nowhere in the docs is there any ref made to the visa acc.Also the claim is for charges made between august 2000 and september 2006.the docs only refer to april 2001 to september 2006.The figure quoted in the docs is £2613 for the curr acc during this period.The actual claim is £3055 for both accounts between 08/2000 and 09/2006,plus interst.So are they actually not defending the claim the claim on the visa acc? and could I claim this by default? The actual visa costs are just over £700 plus interest.So what to do now.Do i contact them or the court and point out the error.Or leave it for the time being, and then when i have done AQ claim the visa costs by default.They did say when they aknowleged on MCOL that they would be defending the whole claim.But as I say,there is no reference to the visa part of the claim in their defence.

[caro]

Write and ask them for a breakdown of the amounts quoted in their defence. It will take them months probably, but then you can see where they are coming from. On my breakdown they left off anything mentioning interest, but that was only on a current account.

 

Just leave it at that. It's their problem if they mess up the defence, so don't bother putting them straight. You would only get judgment by default on a complete claim, not a partial one.

[zebbydog]

Received the AQ today stating that the case will be transfered to the county court local to where the claimant lives and then goes on to say this is Ipswich county court:o where the forms must be returned to.We actually live in Otley West Yorkshire,but I notice there Is an Otley in Suffolk near Ipswich.Do I point this out on the AQ and ask for it to be transfered to my local court in west yorks.Nothings ever simple is it

[zebbydog]

Recieved an offer from Yb today,my original claim was for £3055,without interest.Their offer is £1880 plus £120 court costs.Roughly 62% of my charges.They also state that we are wrongly informed that they have imposed penalty charges as to do this we would have to be in breach of contract and at no time have we been in breach of contract and so the charges are a service charge.They included a discontinuance of proceedings to sign for the court,but unlike Judi they have included a statement that if we sign it they will not issue it to the court until they have paid us the offer.Will speak to gf about it tonight,but dont think this is going to be acceptable.had the offer been the £3055 then we would have had to think long and hard about it.As it stands i think we will be filling out the AQ this weekend.

[caro]

I would contact MCOL about the incorrect court I think zebby, and it sounds like you know what to do about the offer.

[zebbydog]

Case now transfered from Ipswich to Leeds,better a 20 mile round trip than 500 miles:D AQ done and returned to Leeds.

[JulesTools]

Zebbydog,

 

I have also had my cases transferred to Leeds from Wakefield.

Welcome to the club:).

 

Another one for Leeds eh Caro?

 

Does it say Leeds County Court or Leeds Combined Court Zebbydog?

 

Jules

[zebbydog]

No it came from Ipswich after talking to them on the phone,they sent me a letter saying it was transfered to Leeds and the addy for leeds county court to send all future documents.

[zebbydog]

Sorry,which is Leeds county court,the combined court oxford street Leeds

[JulesTools]

Yes thats it Zebby

[zebbydog]

Got the copy of the banks AQ today.They Have returned it to Ipswich.I suppose they dont know yet that it has been switched to leeds.I suppose the court will update them. They have no objection to small claims track,usual 2 witnesses,but have asked for 1 month to try and settle.Should I object to the 1 month stay?.When we go to court,I will be acting as litigation friend for g/f and doing all the talking (zebbydog bites:D ) do we have to inform the court and YB of this (not the biting bit:D )?

[hoogie32]

I didnt object to the one month as they will more than likely settle out of court

[JulesTools]

Hi Zebby ,

In my opinion there is no need to inform court as to you being the litigation friend as we all know they will settle and it will not reach a court room.

 

Also as for the one month stay inform the court that you have given Yorkshire mor ethan enough time to try and settle your claim and beleive this to be yet another stalling tactic.On the other hand...the longer it takes them the more the 8% interest adds up so its your choice.

 

Jules

[zebbydog]

We called at ATM today 24th to check balance,knowing that a dd for £27 was due to go out on the 27th.Mini statement says the dd already gone out and dated 27th yet today is only the 24th.Had there not been some money in the acc,we would have been into charges for an event that has not occured yet:mad: What next will they stoop to?does anyone know what date these b*****S open after xmas?

[zebbydog]

Got letter from court today as follows

Claim No 6QZ73633

 

On the 6th of dec 2006

His honour Judge S P Grenfell sitting at the Leeds County Court considered the papers in this case and ordered that

 

1) The claim betransferred to the Mercantile court,Leeds District Registry.

 

2)The claim is reserved for all purposes to his honour Judge Kay QC.

 

3) Because this order has been made by the court without considering representations from the parties,the parties have the right toapply to have the order set aside,varied or stayed.A party wishing to make an application must send or deliver the application to arrive within seven days of service of this order.

 

Is this a good or a bad thing? there is no mention of a court date on the order.What happens now is it just a matter of waitng for a court date?

[JulesTools]

Hi Zebby

Exactly the same letter as I have (same court too:D)

 

Dont worry about it just means they will pay up quicker as a Mercantile can set precedents better than a county court and deal with several cases all in one go.

 

No need to respond to the letter.

 

Ring the court and ask them if there has been a date allocated for the hearing as you haven`t got one on your paperwork(neither did I) as there are a few cases listed for the 7th of February .

 

It also means that YB will probably offer the full amount + costs but not the 8% interest . The 8% is rightfully yours so if you are abe to hold out for it.

 

Also send Caro a PM letting her know it has gone to mercantile she will be very interested .If her box is full(which it usually is ) email her [email protected].

 

Jules

 

Also seeing as you are local why not check this out

http://www.consumeractiongroup.co.uk/forum/bear-garden/50525-yorkshire-cag-do-26th.html

 

You are more than welcome to come as is anyone.

[zebbydog]

Thanks for that Jules.Maybe a bit of light at the end of the tunnel eh?Hope we get the same day as you,could go for a beer on the strength of our victories

[zebbydog]

Hi folks

Received a letter from YB yesterday offering £2613 + court costs of £120, no mention of £100 Aq fee,original claim is for for £3055 plus interest.I rang the court today and asked if they knew when the case would be heard.They have told us that the case will be heard in the Mercantile court in Leeds on the 7/2/07 before Judge Kay.Who will be hearing all the cases one after the other on this date.So not much more than three weeks to go now.So the next step is a letter to Ms Ross declining her generous offer.Cant wait to get in there and tell the court how in september of 2006 Yb Levied not a penalty but a service charge (in their words) of £25 for being 1 pence over limit for one day.looking forward to seeing all of you that are going to the do in Wakefield on the 26th;)

[zebbydog]

Ayone else on here up for Mercantile court on feb 7th?

[caro]

There is a Mercantile forum you might like to look at Zebby and as far as I know there are 48 cases listed for a directions hearing on 7 February, although the cases are being settled fast as Jules can confirm. You are in a very strong bargaining position now so don't settle for less than 100% including interest to the date of settlement. I believe that you can also claim costs now it has gone to Mercantile.

 

Check this out.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

[zebbydog]

Thanks Caro

Had a look at mercantile forum and found the court doc I need.So will be writing a nice letter to Ms Ross this weekend

[zebbydog]

In response to YBs latest offer, sending this to their legal team tomorow

 

 

Response to settlement offer.

 

Dear Sir or Madam

 

Thank you for your letter dated 9/1/2007

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on these accounts, totalling £3055 plus interest at 8% plus court costs of £220.If you do not I will continue my case against you before His Honour Judge Kaye QC, sitting at the Mercantile Court, Leeds District Registry on the 7th of February 2007

I would remind you that daily interest is being added from the date the claim was served on you.

I trust this clarifies my position

 

 

 

Yours faithfully

 

 

 

 

 

Zebbydog

[caro]

Excellent Zebby, although I would personally leave out "respectfully". You could also remind them that you could claim costs as it is now before the Mercantile Court. Just a thought, as they like to throw that one at us, even when it's in small claims and they aren't entitled to them.

[zebbydog]

Ok how about this then

 

 

Response to settlement offer.

 

Dear Sir or Madam

 

Thank you for your letter dated 9/1/2007

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on these accounts, totalling £3055 plus interest at 8% plus court costs of £220.If you do not I will continue my case against you before His Honour Judge Kaye QC, sitting at the Mercantile Court, Leeds District Registry on the 7th of February 2007

I would remind you that daily interest is being added from the date the claim was served on you. plus I am considering adding to my case management sheet, Claimant in person costs £9.25 per hour 18 hours research and preparation £166.50 plus £10 sundries and expenses.

I trust this clarifies my position

 

 

 

Yours faithfully

 

 

 

 

 

Michelle Thornton