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Jules v Yorkshire Bank WON at last !!!


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Thanks everyone couldnt have done it without your support and help,

 

Just noticed on their offer for my account they have not included the £100 allocation questionnaire fee so a slight change of plan I think

 

Accepting the offer on the joint account , but as for my account I am sending them MY OFFER tomorrow. It reads as below:-

 

Dear Sirs ,

 

I refer to your letter dated 5th January 2006 (surely you intended it to be written as 2007) , in regard to Claim No. 6WF02389 now transferred to the Mercantile Court in Leeds as Claim No. 6LS40677 .

 

I feel your defence submitted to the courts fails to sufficiently answer the points I made in my particulars of claim submitted previously to the courts and in particular the points raised within your last letter to me.

 

My assertion that the charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law still stands .

 

I also believe that these charges are punitive in nature ; not a genuine pre-estimate of costs incurred by yourselves ; exceed any alleged actual loss , but instead duly enrich the bank which exercises the contractual term in respect of such charges with the view to profit.

 

However in light of you latest offer I would be willing to accept the amount of £2216.25 which is the charges plus interest pursuant to section 69 County Courts Act as calculated up to and including today plus costs of £120 for submitting my claim form and £100 for submitting my allocation questionnaire (which you seem to have omitted from your offer).

 

This amounts to £2436.25 .

 

I am willing to hold this figure for the next seven days providing I have received confirmation this is acceptable to you by way of a cheque or transfer to my account before the close of business 15th of January 2007. Upon receipt of funds I shall lodge Notice with the Court by way of a completed Notice of discontinuance with immediate effect .

 

In all circumstances I believe this to be a fair offer and is made in an attempt to resolve this case without the need to incur further court time and costs. I would consider this to be a full and final settlement to this particular case and would supply you with a letter confirming this .

 

Yours sincerely

 

See what they reckon to that one!!!!:D:D:D

 

Will keep you up to speed on their response

 

Jules

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Congratulations you jammy dodger you.:D I don't think it would be greedy to insist on interest to the date of settlement, just your entitlement, but at long last this will be over, so congratulations again my old mucker.

 

Maybe you will start going to bed at a reasonable time now rather than haunting the forum in the wee small hours. Then again if you do that who will I talk to?;):rolleyes:

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Mumofthreeboys

Well done Jules I'm really pleased for you, you deserve it.

 

Just imagine how many cucumbers you can buy now.........

xxxxxxxx

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Well done Jules I'm really pleased for you, you deserve it.

 

Just imagine how many cucumbers you can buy now.........

xxxxxxxx

 

We grew ours last summer so cost nowt!

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Mumofthreeboys
We grew ours last summer so cost nowt!

 

So did I Caro, had way too many of them. Best keep them away from Jules though, you know how he gets!

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Don't worry Mum I had no intention of growing any for him!

 

Now I'm going to be sensible and put Jules in the winners enclosure where he belongs so all the nice newbies will see how well we're doing against YB now.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Jules I have read your posts with intrest.I am a Yorkshire bank customer.The only charges I have incurred is for exceeding my agreed overdraft limit,they charge me £8 per day for this breach.i didn't think this excessive until I read your thread.The thing is over the last 6 years this would add up to large sum.Is this the sort of charge you can challenge or are we talking about fees for unpaid direct debits etc which are usually charged at a much higer rate.Any info would be appreciated.

Thanks

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Hi All,

 

Just to keep you up to speed , I have not accepted either of their offers yet see this post http://www.consumeractiongroup.co.uk/forum/post-473118.html

 

I have plans afoot I would rather not post for now.Will post as soon as I am confident I can without giving too much away to the "lurkers"(BTW Hello to everyone in Glasgow:D).

 

Jules

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  • 2 weeks later...

hmmm...interesteding...

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Congrats !!!

Thread title duly ammended.......ps Any chance of lending Jonni another tenner till next week ?:lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Everyone

Sorry for the delayed update , I was waiting until the cheques had cleared my account.

 

Soooooooooo, yes finally YB have paid both my claims in full(well almost)

 

The joint account was £9 short of full settlement + costs + statutory 8% interest to date of settlement and my own account £13 short . It just goes to show that if you are able to hold out the whole way you will win in the end. It has been a rollercoaster ride starting with the SAR `s in June .In fact it may be helpful to people if I list the whole timescale thing

05/06/06 - S.A.R`s sent (both acc`s)

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

03/07/06 - Prelim letters sent (both acc`s)

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

29/07/06 - L.B.A.`s sent (both acc`s)

07/08/06 - Stalling letter received " we will look into it "

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

15/08/06 - £200 "without prejudice and threat of counter claim" offer received (joint acc.)

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

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

29/08/06 - Submitted N1 for £416.06 +8% +costs +disclosure (joint acc.)

29/08/06 - Submitted N1 for £1657.46 +8% +costs +disclosure(own acc.)

26/09/06 - Defence received 26/09.06(own acc`s)

29/09/06 - Offer of £1595 received (own acc.)

04/10/06 - Letter from court saying saying YB had applied for a strike out due to me cashing the offered £200 cheque hearing for 20/10/06

05/10/06 - Took a letter and the original uncashed cheque to the local court as proof it had not been cashed and disputing reason for strike out

13/10/06 - A.Q handed in with £100 fee (own acc.)

14/10/06 - Letter admitting they were wrong about me cashing the £200 cheque , defence received , and offer of £350 .Offer rejected.

26/10/06 - Case transferred to Leeds County court (own acc.)

06/11/06 - A.Q handed in no fee payable (joint acc.)

12/12/06 - Both cases transferred to Leeds Mercantile Court

18/12/06 - Full offers received without the statutory 8% interest , refusal letter sent

06/01/07 - Full offers +costs +8% to date of claim ,refusal letters sent

22/01/07 - Full offer +costs +8% to date of settlement less £13-ACCEPTED

27/01/07 - Full offer +costs +8% to date of settlement less £9 -ACCEPTED

Letters of acceptance to post tomorrow as well as discontinuation to post to court now that cheques have cleared .

 

And thats it..................so far.....................

 

Charges incurred on joint account since the date of claim (29/08/06) to be added up from the statements and then its round two. Will start a new thread for that one and link it from here when I do .

 

I WOULD LIKE TO THANK EVERYONE FOR THEIR SUPPORT AND MESSAGES DURING THIS THREAD ESPECIALLY

caro , hagenuk , karnevil , Zooman

 

Also for keeping me sane (well almost) and for all the side splitting laughs in the chatroom

pjdudley69,Mumofthreeboys,smoorach

 

And of course BankFodder and dave

for setting up this fantastic site , donation on its way.

 

 

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Fantastic news Sweety!!!!

 

You know I'm well chuffed for you! :D

 

PJ xxx

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Congratulations my old mucker. Glad your claim was settled so quickly. A good 2 months quicker than mine. And what was that about keeping you sane? You're deluded cos I've seen no evidence that you were ever sane in the first place!:p:rolleyes:

 

You can buy me a drink next time I see you in chat, and I'll buy you one from my winnings too. :lol:

 

Cheers YB, and especially Kirsty. We knew you'd see sense in the end. We'll be in touch won't we Jules.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Congrats Jules and well done, it's been interesting watching your up's and downs with YB, so enjoy the pay outs. I see your after them again !! reminds me of my Bull Terrier :D

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  • 2 months later...

;)Well Done Jules;-)

 

I have read your thread with interest, and now interest is all I'm waiting for from Clydesdale. I shall keep pushing!

 

:-D All the best in Round Two!:-D

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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