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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
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    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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yorkshire bank charges v a very worried ker7085


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i have been claiming back my charges from yorkshire bank and had sent my pre lim letter after working out all my charges i have recieved a horrible letter basically saying get notted and added to it was this............................................please note that should you proceed straight to court action against the bank in respect of this matter, the bank reserves the right to lodge a counterclim against you for damages suffered as a result of the breech by you of your contract with the bank its really worried me i dont know if i should carry on or is this just a scare tactic

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Really, really don't be at all worried by this. Yorkshire bank have been trying this scare tactic on more than a few people if you hunt round the threads. There more detail in them about what they are trying to counter claim and why it will never work.

 

Cheers

 

Hugh

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Really, really don't be at all worried by this. Yorkshire bank have been trying this scare tactic on more than a few people if you hunt round the threads. There more detail in them about what they are trying to counter claim and why it will never work.

 

Cheers

 

Hugh

 

 

thanks boyfalldown let u know how i get on :)

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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thanks boyfalldown let u know how i get on :)

 

 

 

im sending my LBA off and im swatting on all the court claim threads so i kind of know what to nexpect and get alittle more confident with it am i right in thinking i send my schedule of charges off again:idea: :idea:

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Don't let them grind you down. I am one of those who have had a counterclaim, and it is so bad that I couldn't quite believe what I was reading. I have never seen court papers before, but even I knew what they said was plain silly. I have put in my defence and they are worried enough to have offered my money back plus court costs, but I have declined as I want my interest too. You will get loads of support here so don't worry.

 

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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thanks caro and youre right for sticking to your guns you have them shaking in their boots. i will let u know how i get on would i be able to pick your brains if i get stuck........ which theres no doubt about that

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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There is no shortage of people that are sick and tired of this organisations bully-boy approach to it's customers.

 

Fight them all the way and you'll get your refund.

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** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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ive done it ive sent my Lba off two days ago and feeling more confident as i know i have the support of people in this group. the only thing that worries me is the alocation questionaire i wouldnt know what to put in it but im trying not to get to wound up about it.ive been on money claim just getting familiar with the site and reading up on the quidence notes and ive also satrted filling it in so any additional info on this process would be useful from anyone who has been through it.also i wondered if a experienced reclaimer could maybe be my buddy through this i promiuse i wont bug yeh.....................lol.:D

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Example POC, which should fit on moneyclaim:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

 

 

 

AQ is quite straightforward, you can mug up on it here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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thankyou michael for your support i will keep you informed

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Hi Ker7085

I was there a couple of weeks ago.

Don't give up, it is there standard letter. It's like a game of chess. You send a letter, they reply saying no and threaten. You reply by telling them you don't believe them and threaten back, etc.

I have rejected their 50% cheque and threatened court action and now recieved a reply from them saying, go ahead then !

My next step is to work out the interest @ 8%, costs, and add it all up. Then I can issue the moneyclaim.

Good luck.

Russ.

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Hi

I To Am Having Big Problems With Yb/clydesdale It Has Got To The Stage Where They Are Defending My Claim On The Grounds That Only I Am Making The Claim ( It Is A Joint Account With My Husband) And That I Have Not Included My Husbands Signature They Also Say Their Correct Name Is Clydesdale Bank Trading As Yorkshire Bank I Claimed Against Yorkshire. I Was Worried At First But I Have Returned The Questionnaire & The Fee Of £100 Pounds And Am Keeping My Fingers Tightly Crossed That They Pay Up. I Have Only Just Found This Yb/clydesdale Group But Already I Don't Feel Quite So Alone Now ! Good Luck To All Of You

 

Ruth

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Take a look at Trundlecats thread as she had the same problem, although you should be able to act on your own. Trundlecat's hubby just signed something to say he wouldn't claim as well. Don't worry about the bank name.

 

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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do remember me posting a thread saying i had sent my lba just as a matter of decency reaslly after my sod off reply from pre lim letter well i recieved another letter saying they wanted another four weeks to bring this matter to a satisfactory conclusion? dont know what to do shall i proceed with money claim on the 23rd as planned or give them four weeks

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Hi Ker7085

I was there a couple of weeks ago.

Don't give up, it is there standard letter. It's like a game of chess. You send a letter, they reply saying no and threaten. You reply by telling them you don't believe them and threaten back, etc.

I have rejected their 50% cheque and threatened court action and now recieved a reply from them saying, go ahead then !

My next step is to work out the interest @ 8%, costs, and add it all up. Then I can issue the moneyclaim.

Good luck.

hi glenn good luck let me know how you get on because were at the same stage how do find moneyclaim i think after youve read the guidance notes about twenty times it kinda makes sense lol:cool:

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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i have nearly completed my moneyclaim and filled in my particulars but the only thing im stuck on is how to attach my scedule of charges as it wont fit in the spoace of particulars as it only allows a certain amount of characters and ive nearly done that so i would be really grateful if someone could help me with this one .............. ive searched faqs hi and low but cant find anything thankyou

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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You can't. When you know your claim no. send MCOL 2 copies clearly marked with your claim no.

 

thankyou micheal for your support :D

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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  • 4 weeks later...

Hi

 

Im new to this site and have banked with the yorkshire bank for around 15years. I have already sent them a letter asking for my charges for the last 6 years whihc total over £3000. They have already replied telling me no way will i get a refund and that if i claim through court they will counter claim and they have given me 6wks to respond. i was a little worried about about what i do next. can you please advise what the best course of action is

 

thanks

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