Zebbydog v Yb ***WON***

[zebbydog]

It seems Ms Ross is either incompetent or a stranger to the truth:o Anyway have sent schedule again today and will send two copies to the court on Monday.Should I also send a copy of the letter from Ms Ross?

[zebbydog]

Hi Jules

Had a look at your thread and I must say i find it is unbelieveable the depths they will stoop to, lies and more lies then sorry we made a mistake:o Still I suppose it will make people even more determined to take things to the bitter end,but they dont seem to comprehend this:mad:

[zebbydog]

Ok as expected they have defended at the last minute and denied all the claim.I take it we will be hearing from the court by post now.So bring it on,its show time.If they think we are gonna go away.They are sadly mistaken.Lets get into it:p

[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.

[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.

[zebbydog]

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

[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

[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 )?

[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?

[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?

[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

[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

[zebbydog]

Just found this in Mercantile Forum regarding hearings in london on 24th of January

 

"Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them"

 

 

So may be better to leave letter as it is

[zebbydog]

WON:D

 

Today recieved an offer for the full amount claimed plus £220 court costs.But no interest.We are leaning towards acceptance for personal reasons that will become apparant when we attend the CAG do in Wakefield next week.Donation will be made when we have cleared funds

[zebbydog]

Thanks for kind comments and support folks. Letter going out tomorrow but holding on to discontinuance notice until funds arrive.I have reminded them that time is of the essence as I will have to submit court docs by the 30/1/07 and if they dont agree I will continue to court with the claim.For all those who are going to the do on friday, look forward to seeing you all:p

[zebbydog]

Well only a week to go before court now and nothing from YB despite writing to them to accept their offer. So CMS docs sent to court and a copy to Glasgow.They do like to b***er and take things to the wire.Well if its going to be court then its going to cost them a lot more as I have now added reasearch and preparation costs at £9.50 per hour to my CMS not to mention that INMHO this is an abuse of the court system and will be informing the court of this

[zebbydog]

Thanks Caro.Dont think there is any way that the cheque is going to clear now before the court date

[zebbydog]

True, but going on alymacs experience you might have a problem going to court if you are in the process of settling. I suggest you phone the court, advise them of the situation and seek advice on what you should do.

 

I think I will probably have to write a letter to the judge apologising for the delay even if they do pay before court.I will point out that this is due to YBs obstructive and unreasonable behaviour and abuse of the court process. Here is a copy of my acceptance letter.

 

Response to settlement offer.

Without Prejudice

 

 

Dear Sir or Madam

With reference to your letter of the 18/01/2007 offering 1.£3055 and 2.£220 court costs, total £3275.

I can confirm that I am happy to settle for this sum in full and final settlement of claim No 6QZ73633.Please find enclosed signed acceptance letter. I will also sign and return to you the notice of discontinuance and a copy to the court, when I have cleared funds in my possession. I would remind you that time is of the essence as I will have to submit documents to the court no later than 30/01/2007.I trust that this meets with your approval. If it does not then I will continue with my claim in court on the 7/02/2007 at the Leeds Mercantile court.

Yours Faithfully.

 

And letter sent last week.

 

With reference to my letter dated 21/01/2007. As I have yet to hear from you regarding this letter and the Court date is fast approaching, I now have to submit Court Documents. Please find enclosed a copy of my Case Management Information Sheet submitted to Leeds Mercantile Court.

 

 

Considering these letters, do you think i am still entitled to go to court.After all nothing has changed they havent paid me what I am claiming for?

[zebbydog]

Having heard nothing from the bank despite accepting their offer over 2 weeks ago,I have just been in touch with the court and they advised if the bank hasnt settled by weds we should attend the hearing.