Jules v Yorkshire Bank WON at last !!!

[JulesTools]

Hi everyone ,

I have been following the BAG since i saw Martin on "Tonight with Trevor McDonald".I am in the middle of claimng back my charges from Yorkshire Bank on two accounts(joint with my wife Lisa and my own account).This is my first thread so bear with me please.

May I first start by saying a massive thank you to everyone who has Pm`d me etc. you have been fantastic help,also to everyone who has posted info/templates they have made the process easier to endure as I would have probably given up or got lost by now:? .Feel free to let me know if I am setting out info below wrong etc.

Anyway a rough update on my progress so far

 

Data Protection Act sent 05/06/06(both acc`s)

Copy statements received 28/06/06(both acc`s)

Refund of charges requested 03/07/06(both acc`s)

£400 + deb.int joint acc,£1806.27 + deb.int own acc.

Sod off letters received 18/07/06(both acc`s)

LBA`s sent 29/07/06(both acc`s)

Stalling letter received 07/08/06(P.Carolle Withers,Customer Relations Dept.)

"Tier one"(sod off again)letter received 07/08/06(Branch Manager)

£200 "without prejudice and threat of counter claim" offer received 15/08/06 for joint acc.(Neil McKirdy Cust.Relations Manager)(no response to own acc.)

Thanks but no thanks ,see you in court letter sent 19/08/06 (joint acc.+ reminder they still have own acc.to deal with)

"scare tactics/threat of counter claim and costs" letter sent 24/08/06(Neil McKirdy)

Submitting N1 on 29/08/06 for £416.06+8%+costs(joint acc)

Submitting N1 on 29/08/06 for £1657.46+8%+costs(own account)

Sending tweaked letter to my MP Ed Balls Edward Balls MP, Normanton (TheyWorkForYou.com)

 

I Pledge to donate when succesfull

[JulesTools]

Hi All,

Just a quick update ,submitted both N1`s for Acc.1+2(joint+own) 10 minutes ago.Was talking to the lady behind the counter and she says these are coming in thick and fast within the last few weeks so the cause is gathering momentum and growing daily ,I would think mainly due to this site.I have added a link to the site on all my emails I now send to spread the word.

Fingers crossed , waiting for a case no.etc and I will submit details to mods for inclusion in litigation section.

[pjdudley69]

Don't worry bout the counterclaim and defence Jules. It's just general scare tactics that they seem to be trying with us all - it does pay off, as you've seen in mine and a few other threads.

 

Best of luck, not that you'll need it!

 

PJ x

[caro]

I have a funny feeling that Jules will not be easily put off PJ.

[JulesTools]

Thanks you two , good to know your supporting ...........like a sports bra:)

[caro]

See what I mean?

[JulesTools]

Had my confirmation letter from court today to "assume" bank will have received my claim by tomorrow.Have a feeling they already have ,when Lisa went in to branch to pay some cash in the girl behind the counter started giggling when she looked at computer screen.Lisa just gave her a wink and said no more.

Keep you posted.

[JulesTools]

ok quick update , no response/defence from yorkshire.They have till 28/09/06 or i win by default.Anyone got this far with any info/advice relating to yorkshires tactics??

Will they enter defence at 11th hour or just roll over??

Starting to get excited now

Bring it on

I know it wont happen but hope it goes to court as i have asked for disclosure of true costs.PMSL

Any advice appreciated

Jules

[pjdudley69]

think you'll find that they'll put a defence in at the 11th hour hun, or when u go for judgement they could do what they did to Dan - claim that they haven't received it, and ask for more time. I wouldn't expect it to be straight forward tho!

 

PJ xx

[JulesTools]

thanks pj just biding my time

[JulesTools]

[caro]

They do everything at the 11th hour and often after deadlines. You can forget them rolling over easily cos it aint gonna happen. Think how much sweeter it will be when they do finally have to stump up though.

[JulesTools]

Thanks Caro thoght that would be the case ,they have until thursday.Does it also mean the longer they drag it out the more interest is accrued?? I really hope so .I`m in no hurry , and everything I receive is a bonus so I`ll just pitch my tent and get the stove on, full english anyone??

[caro]

Hopefully you have added on to your claim something along the lines of "plus interest at xxp per day until date of settlement".

[JulesTools]

Hi Caro,

Yes used the N1 template from the forums , also quick update , the banks defence arrived in post today ,not had chance to read yet though

[caro]

It probably says we deny it is unlawful and you are wrong.

[JulesTools]

It did Caro ,

also yesterday received an offer of £1595 for own account no interest or costs

Yeh right ,thanks but no thanks YB

What do you recommend sending letter back saying thanks but no thanks

see u in court and i will also be claiming £100 AQ fee.

Any one any suggestions/templates

Thanks

[caro]

There is a letter you could use or adapt in the bank templates library.

[JulesTools]

Thanks again Caro (for the name change also xxx)

How about this, anyone want to correct/ add to it???

 

Re: Account number xxxxxxxx

Response to settlement offer.

 

Dear Sirs,

Thank you for your letter dated 25th September 2006

I respectfully decline your offer of settlement and request, once again, that you return to me all monies claimed on this account Claim no. 6WF02389

 

If, as you state in your letter, you wish to avoid the costs of defending this case and counterclaiming I would suggest you make every effort to resolve this matter before 9.00am on the 9th October 2006.At that point in time I will be submitting my allocation questionnaire and will also be adding any costs incurred to that date.I will also be asking for the disclosure of a true and accurate breakdown of calculations used when determining charges on my account.

 

I trust this clarifies my position and timescales.

 

 

Yours faithfully

 

Mr JulesTools ready for court hehe:mad:

[JulesTools]

Right update on joint account,

Time to take gloves off

received letter from court today saying Yorkshire had asked to have claim "struck out".

They are claiming that the £200 cheque they sent me (which i kept uncashed as part settlement and informed them I would be continuing in court for remainder)

has been cashed therefor accepting this as a full and final settlement of a £487.15 claim I THINK NOT MISS KIRSTY ROSS.

I will be going to court tomorrow to show them the so called "cashed cheque" together with a copy of my rejection letter and asking why Miss Ross would be allowed to sign her name to such a blatent lie.

 

She has even had the cheek to ask that I pay their £85 costs.

 

Now I`m ****ed off and ready for action.Any thoughts from anyone.

[JulesTools]

This is the letter sent rejecting the cheque as a full settlement.Note I still have the cheque and it remains uncashed.

I refer to your letter dated 15th August 2006, your ref PCW/YB/06-xxxxxx

I am writing this final letter to accept your cheque of £200 as partial payment of my claim against charges levied on Account No.xxxxxxxx.

 

My intentions still stand as outlined previously and I intend to submit a moneyclaim through the courts within the next few days. I am disappointed your response has not been satisfactory and feel there is no alternative than to take this matter to court.

 

If you wish to avoid court proceedings I suggest the matter is resolved before close of business on Wednesday 23rd August.

 

May I remind you that in addition to the £400 I claim against this account , I will be seeking interest and costs when the matter goes to court. I am also waiting upon a satisfactory outcome on the same basis to my Account No.xxxxxxxx and court action will also be taken for this account at the same time.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

[caro]

Right update on joint account,

Time to take gloves off

received letter from court today saying Yorkshire had asked to have claim "struck out".

They are claiming that the £200 cheque they sent me (which i kept uncashed as part settlement and informed them I would be continuing in court for remainder)

has been cashed therefor accepting this as a full and final settlement of a £487.15 claim I THINK NOT MISS KIRSTY ROSS.

 

I will be going to court tomorrow to show them the so called "cashed cheque" together with a copy of my rejection letter and asking why Miss Ross would be allowed to sign her name to such a blatent lie.

 

She has even had the cheek to ask that I pay their £85 costs.

 

Now I`m ****ed off and ready for action.Any thoughts from anyone.

I think you should also take a copy of the letter and a copy of the cheque for the judge and a covering letter

 

"Further to your letter of (date), please find attached a copy of the letter that I sent to Miss Ross when I was sent the cheque, explaining my position. I consider that the full amount is unlawful, and although I believe that I am entitled to this money I have not cashed it to ensure that there would be no misunderstanding that I was accepting it as full and final settlement. A copy of this cheque is also enclosed, and I will be pleased to produce the original in court. Regarding the matter of costs, I was under the impression that small claims were not subject to costs. I trust that this will be sufficient for my claim to proceed to a speedy resolution.

 

Love and kisses

 

Jules

xxx"

 

Or something like that.

[JulesTools]

Thanks Caro , love and kisses ROFPMSL

[JulesTools]

Ok.......

Letter taken to court this afternoon it reads:

 

Claim Number 6WF02390

Further to your letter of 02nd October 2006 , please find attached a copy of the letter I sent to Yorkshire Bank on the 19th August 2006, after receiving a cheque offering a partial settlement, explaining my position.

I consider that the full amount of charges levied on my account is unlawful, and although I believe that I am entitled to the £200 cheque I have not cashed it to ensure that there would be no misunderstanding that I was accepting it as full and final settlement.

A copy of this cheque is enclosed, and I will be pleased to produce the original in court.

I would respectfully ask that the court seek a satisfactory explanation as to why Miss Ross has claimed that I have cashed the cheque and thus accepted full and final settlement of my claim when indeed I clearly have not.

I trust that the documents enclosed will be sufficient for my claim to proceed to a speedy resolution and I am happy to present any further information to the court without delay.

Yours faithfully,

I stopped short of making "deliberately misleading the court" "lying b*st*rds" and "incompetance" slurs against YB as I think it is better just to state the facts and let the Judge see it for what it is

Hearing is 20th october 10.30am ........ooooooooooo I do hope YB attends as I would love to see their faces:eek: .

Will keep you all posted

[bottomburp]

Personally I would have made statements about deliberately misleading the court because some scummy lawyers seem to think they're above the law. Unfortunately, because these lawyers are "officers of the court" the judges seem to take their word as fact even when it's a pack of lies.

 

I realise the judge should be able to work it out for him/herself but it doesn't do any harm to emphasise that you've got the proof and they're lying cheats - just don't use emotive language.