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Hoogie32 v Clydesdale Bank (Yorkshire) ***WON***


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Moss

 

As always thanks for your help.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Beep Beep Peeps.

 

Got a new letter today from the bank.

 

They have now upped the offer to £2590 inc costs.

 

Thats a whole £180 more than they offered me last Friday.

 

 

Rejection.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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On reading the letter, this letter starts

 

We refer to your claim you have raised at Northampton County Court yet on the letter I received last Friday it says Blackpool County Court, which is where the hearing is taking place.

 

I wouldnt mind but the same person has signed the letter. :(

 

Oh well, will fax back tomorrow with the standard rejection letter.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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My offer on Friday said Dewsbury Court instead of Warwick. Very interesting Hoogie.

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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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Did you send off our proposed directions with your AQ?

 

If not, I suggest that you prepare a copy ready for the hearing and ofer it to the judge and ask him if he will be prepared to adopt it in your case.

 

Explain to the judge that it has already been adopted by the Mercantile Court in some test cases.

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On reading the letter, this letter starts

 

We refer to your claim you have raised at Northampton County Court yet on the letter I received last Friday it says Blackpool County Court, which is where the hearing is taking place.

 

I wouldnt mind but the same person has signed the letter. :(

 

Oh well, will fax back tomorrow with the standard rejection letter.

 

Yep exactly the same thing I got,Except mine Leeds Mercatile

;) If this helps please click the scales bottom left
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Did you send off our proposed directions with your AQ?

 

If not, I suggest that you prepare a copy ready for the hearing and ofer it to the judge and ask him if he will be prepared to adopt it in your case.

 

Explain to the judge that it has already been adopted by the Mercantile Court in some test cases.

 

No I didnt - just reading it now.

 

Ill do that ready for the hearing.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Hoogie have you read this thread, thought it might help

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

regards moss

 

Reading now mate - ta

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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And here is my new rejection letter - with the added court appearance text.

 

Thank you for your most recent letter dated 15th January, offering £2590.00. I must inform you that I do not find this offer acceptable.

 

As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty. Penalty charges are irrecoverable at common law.

 

As you know I have filed with the county courts, to which I have now a Court Hearing to be heard on the 5th March 2007, and as a subsequence interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, has been added to the original amount bringing the sum claimed to £3788.47 (inc. Court Costs).

I would be willing to withdraw my claim upon receipt of an unconditional full settlement of my claim and will notify the court accordingly at that time, and to stop any further costs being incurred it is in your best interest to refund in full the revised balance forthwith. This letter has also been forwarded to you via post as well.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Well Hoogie i wish you all the best with the Clydesdale Bank, I am on my 2nd court hearing tomorrow up in Scotland, Thay really drag things out.

 

It is good to see that you have stuck by your guns all the way thourgh this. I'll let you know how i get on tomorrow.

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  • 3 weeks later...

Hi I am just about to send my first letter to Yorkshire Bank on Monday with a spreadsheet detailing the claim. I could really do with a buddy as it seems that they are pretty tough cookies to crack, I shall be claiming a sum of £2200 or there abouts, mainly due to unathorised overdraft fees. I just need someone to hold my hand I think through the process. Anyone willing to help??

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Welshlass, if you start your own thread you will get plenty of help on the YB forum. YB are not a tough nut to crack if you follow the tried and tested route, but as I'm sure you have noticed they are very awkward and will delay you at every opportunity and try to scare you off if they can, but we've seen it all before and it 's not working. For all their threats and denials they never turn up in court and the YB successes section is filling up at a steady rate. So don't worry, i know it is daunting when you first start, just read up as much as you can and the more you read the more confident you will become.

 

Good luck Moss

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Thanks Moss, I have now started my own thread in the YB section (least I think I have) I am new to this forum and trying to find my way around. I have done a lot of research by reading other threads. Thanks for the advice.

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Good Evening Peeps.

 

Sorry not been around much, been really busy with work.

 

Anyway - After rejecting £2590.00 on the 17th January, I havent heard a bean from YB. Anyway as you all know I received this from the court.

 

District Judge ****** has considered the statements of case and allocation questionnaires filed and allocated the case to claim to the small claims track.

 

Before the claim is listed for hearing, the jusge has ordered that a preliminary hearing should take place because :

 

Special Directions are needed in this claim to prepare for the final hearing which the jusdge would rather prefer to explain to you in person

 

Now Im in court on the 5 March, and I beleive my court bundle has to be in 2 weeks prior to the case date - is this correct?

 

So is there any benefit in sending it early?

 

Thanks Peeps

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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thanks Moss.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Just to let you all know, full offer received this morning in the post Interest + Costs.

 

Ill post more later!!

 

WOO HOO

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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