Thailand v YB ***WON***

[Thailand]

Sent LBA today, wanted to try a different approach:

 

 

[email protected]

 

Yorkshire Bank PLC,

Customer Relations,

20 Merrion Way,

Leeds

LS2 8NZ.

 

Your ref: HMcG/YB/XXXXXX

 

Blah, blah 2006.

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

Thank you for you generic response dated Xth month 2006.

 

In response to the Terms and Conditions laid out in your last correspondance (numbered 1 through 7, and with regard to points a through c) I would like to point out this can only be justified when the day arrives that Yorkshire Bank PLC are willing to ‘open their books’ in a court of law. I am currently tracking 137 different claims on this matter, and as you can imagine I doubt I will be the first to do so. In all concluded litigation with your clients, this action also proved impossible to achieve as the bank has settled out of court on every occasion. I have drawn conclusions on this.

 

You refer to the banks right to counterclaim. This does not alter my position.

 

I am aware that your 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I will now proceed with my claim. If the bank would like to settle this account, and in order to comply with small claims procedure, I will give Yorkshire Bank PLC until the xxx of xxxxxx 2006 to respond, thus giving yourselves sufficient time scales and time for post to reach you. My claim stands at £xxxx and needless to say if this reaches court, interest at 8% and costs will be added.

 

I would like to use this opportunity to remind the bank that this account is now in ‘dispute’, therefore any changes in the running of it must be approved by me.

 

Unless prompted to negotiate, this letter will be my last communication before court action. If you should wish to discuss this matter please write or E-mail me on the address supplied. I would not like to talk over the phone due to my nervousness and disabilities, and with recent experiences in mind.

 

I enclose my schedule of charges.

 

Yours faithfully,

 

any errors?

:eek:

Edited December 26, 2009 by Thailand
spelling

[rrockettman]

Hi.

Very nice reply.

You seem to be at the same stage as me. I'm about to calculate my 8% etc since rejecting a 50% payout.

Good Luck.

[Thailand]

Cheers. read your thread... don't bank the cheque - send it back! (no good with spreadsheets)

[caro]

don't bank the cheque - send it back!

I would bank it and write back saying that you are accepting it as part payment and pursuing the rest through the court. They are in no position to say it is full and final settlement when there are still unlawful charges to be repaid.

[Thailand]

Final response of YB. Reopened>need 4 weeks>blah.

 

I want to send the following letter. I appreciate I need not, but YB don't seem to be paying interest and for the sake of one last try I don't think it will harm (Mums had no offer, and I kinda want to get one as a semi admission of guilt)

 

Yorkshire Bank PLC,

Customer Relations,

20 Merrion way,

Leeds,

LS2 8NZ

 

Your ref:

 

xxxx xxxxx 2006.

 

Dear Sir/Madam,

 

Account number: xxxxxxxx

 

Thank you for your letter dated xxxx xxxxx 2006.

 

I note that you have ‘re-opened’ my ‘complaint’. I wish to clarify the situation as it stands. I am giving Yorkshire Bank an opportunity to settle this matter before issuing a claim in the county court, which will be commenced on the xxx xxxxx 2006(they already know this), unless the matter is brought to a satisfactory conclusion.

 

I would like to point out that you may open and close my ‘complaint’ as you see fit, it is of no concern to my claim whatsoever, it is an internal practice only.

 

If you feel you would like to comment further on this issue before xxx xxxx 2006, please e-mail or write to me. This is of course on the understanding I will be proceeding with my claim on time if a satisfactory offer has not been received prior to that date.

 

My claim stands at £xxxx. Needless to say interest at 8% and costs will be recoverable if this matter should go to court.

 

Yours Sincerely,

 

Is this pointless or harmless?

 

Thanks T

Edited December 26, 2009 by Thailand

[Thailand]

Anyone?

[caro]

Pointless I am afraid. It may work with some banks, but no chance with YB. Nothing to lose by it except for the cost of a stamp and your time. You have already told them this so I don't see the point myself.

[Thailand]

I know! just been reaing your thread posts 24 & 25 made me realise how futile the attempt would be, thanks for the response

[Thailand]

Just manually entered 228 charges into excel again after saving over the original!!! N1 is nearly ready to go, could anyone help with these questions?

 

*Is this okay:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 2768 and any interest charged thereon;

b) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

c) Data Protection Act fee.

 

Haven't seen this done, but thought I could claim it back ( I added it to the value on 1st page).

 

This template makes no reference to daily rate interest like MCOL (is that covered in point a above?)

 

Thanks:eek:

[caro]

I am not sure which template comes from, but you do need to include daily interest at a daily rate of xxp per day. If you are referring to the Data Protection Act fee, if it is already included in your schedule then just leave it as it is. All templates are for guidance only. It is up to you how you want to word it. The MCOL template clarifies everyting you need to include.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[Thailand]

Sorry for being a pain!, the Woolwich didn't charge me for SAR so was unsure where to put it (and I used MCOL for that claim). So I add this to my shedule of charges and take it out of the particulars - thanks!

 

My mum is on benefits so have to do a manual N1 and I'm using this:

www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

It confused me because there is no mention of daily interest unless point A covered it?

 

Do I just put the DPA fee at the end of the schedule dateless or must it be accurate?

 

Thanks:)

[Thailand]

Hey, whats up with the panic stricken poster above:D , Panic over:cool: !!

 

Submitted a stack of 3x this and 2x this today, and the clerk complimented me on the standard!! but said its best if you address the defendant as the Bank and not your Ma! Shizzlesticks. Crossed out and initialed and manually penned the correct address, all that effort to get the first page messy!(of 3) Up all night printing and copying to make that error!!, sure it doesn't matter too much but I aim to be a bloody perfectionist AARRRGHHH!!

 

Oh I didn't mention in her particulars that she wants to be paid by chq, is that a problem - or can I mention that later?

 

This way and MCOL are totally different! MCOL is easier - but I think this way is best - it gives you a chance to go into greater detail and show your attempts to resolve with the bank in print:)

[caro]

Have you pm'd one of the mods with details of your claims for the litigation section. Looks like you are gonna be busy. Good luck.

[Thailand]

I did with my Woolwich claim, Halifax didn't make it that far & waiting for claim number on this one.

[caro]

Fair enough.

[Thailand]

Mum back off her hols, she has had YB's acknowledgement. Won't know anymore until I get the papers! (she rang in floods of tears saying YB are taking her to court - bless)

[caro]

If they actually turned up in court I have a feeling that there would be loads of YB users there cheering her on. You know, I assume, that anyone can act as her lay representative so she won't need to speak herself. Tell her to worry about it when hell freezes over, cos it's unlikely to happen before then.

[Thailand]

Thanks for the post caro.

 

I can tell her this and have, but she's worried sick. Although she now knows she is in the right - it doesn't tend to matter due to her disabilities - panic attacks at the thought of having to call the bank etc... and a compulsive worrier.

 

I will be in court if needs be!! They have no bloody compassion for who they sting.

[Thailand]

Got my mums papers just now - its too late, and I'm too cream crackered to go over them in any detail - but everything seems standard apart from one thing. I was expecting our local county court seal and its sealed by a court approx XXX miles away? is this just a case of a busy court offloading some work to a quieter area?. Sorry just picked up on something else - the claim was deemed served on the 999th (edit) and was acknowledged on the 444th (edit), bah humbug! the banks get more time!

Edited December 26, 2009 by Thailand

[caro]

Which court has it gone to Thailand? PM me if you would rather.

[Thailand]

£14587654 (edit) offer today, I'm gonna have to prize that cheque out of my poor mums grasp and send it back LOL! Bless her she can't believe this is working!!

Edited December 26, 2009 by Thailand

[hoogie32]

lol - tell them to swivel.

[Thailand]

Too right! another £13.64 billion (edit) + interest isn't to be sniffed at.

Edited December 26, 2009 by Thailand

[Thailand]

Mum doesn't want to keep the cheque, she wants all her money back plus the interest for all the carp she has to put up with. Gonna have to take a leaf out of PJ's and Trunny's book and fight for that!

 

Your rejection and third lot of SOC is in the post Mr McKirdy! and i've put in the letter that the cheque is enclosed - so don't go saying we've cashed it, I know Miss Ross likes that one:eek:

[hoogie32]

well in mate - good on yer mum too.