Sutty V Yorkshire Bank

[Sutty]

Hi all. First time posting on here but have been on MSE for a few months now. I have finally got up the balls to begin the process of reclaiming my bank charges but would like a little guidance. This site is very helpful and gives me most of the info I require but just got a few questions.

 

1. I'm in the RAF and have just moved to Scotland. I've noticed something in the forums about Scottish law being different. Does this now apply to me and if so, how exactly?

 

2. As I have just moved I am still in the process of having my address changed by YB. Would it be beneficial to wait until my new address is registered before going ahead with my SAR?

 

Thanks in advance for any help you can all offer. All the best. Sutty

[caro]

Hi Sutty and welcome. If your account is with an English branch I would be inclined to leave your account there and use that address for any contact you make. I cannot imagine it would take YB long to change your address, but you could write your current address and point out you have just moved and send the old one as well to be on the safe side.

[Sutty]

Hi all. Just thought I'd let you all know the stage I'm at as I have become a little bit stuck.

Basically a standard claim so far, I claimed, they defended, all the usual stuff that happens. However, when they put in their allocation questionaire they applied for a stay which has been granted so "action is stayed until 7 March 2007"

They have previously offered me a settlement of £1386 which i declined as my claim is for £1977 plus £220 court fees. My question is what do I do now? Do I wait for Yorkshire Bank to contact me or do I write to them to try and usher them along? Any help would be gratefully received. Many thanks

[pjdudley69]

Hi Sutty. When YB applied for a Stay on my court action, I just left it to them to contact me. After all, we've given them plenty of opportunity to come to a satisfactory conclusion by sending the prelim and lba letters. They actually paid up just before the Stay came to an end.

 

PJ

[Sutty]

Cool. Did you get paid in full PJ?

I think i'd still like to send one more letter. At least that shows i've done everything in my power to come to a settlement should a judge look at it. Any ideas how I should word it anyone?

[pjdudley69]

Yep I got paid in full Sutty, both times. This is the one where it got as far as issuing a claim tho' http://www.consumeractiongroup.co.uk/forum/yorkshire-clydesdale-bank-successes/7890-pjdudley69-yorkshire-bank.html

 

If you read round the other threads, especially in the successes section of the forum, you'll get an idea of their tactics and what to expect at each stage from start to finish.

[GuidoT]

Sending something along these lines, you will need to amend though:

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from you which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this is final day of the month you requested to reach a settlement in your allocation questionnaire.

 

A copy of this letter will also be sent to the court.

[pjdudley69]

For this reason, I will only settle for the full amount of the claim, namely £***.

 

Letter sounds good - just a suggestion, but knowing the habit that YB have of making offers without including costs and the 8% interest, i would add something at the end of the above quoted sentence to say that you will only settle for the full amount of claim plus interest accrued to date of settlement.

 

PJ

[GuidoT]

That sum '***' is intended to include interest and costs. However, if you like you can spell out the separate sums, remember it is a template, you can amend as you see fit.

[Sutty]

Just to update everyone, been a bit busy but finally got this written up tonight. Going to get the missus to post it tomorrow.

 

"Dear Miss Ross

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on 18/01/07.

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one-month postponement in proceedings in order that a settlement may be reached by way of negotiation.

I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your client’s charges could indeed be proved to be unlawful penalties that you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £1977.45 plus £220.00 costs

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come within seven days of your receipt of this letter.

A copy of this letter will also be sent to the court."

 

Had to adjust some bits but I think it gets all the points across and would show a court I am attempting to negotiate with them.

[GuidoT]

Just to update everyone, been a bit busy but finally got this written up tonight. Going to get the missus to post it tomorrow.

 

"Dear Madam

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on 18/01/07.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one-month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your client’s charges could indeed be proved to be unlawful penalties that you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £1977.45 plus £220.00 costs.

 

In light of your indication of your intention to negotiate a settlement, I am peeved that there has been no communication whatsoever from yourselves during the one month stay.

 

I trust this has been an oversight on your part and trust you will contact me within seven days from the date of this letter.

 

A copy of this letter will also be sent to the court."

 

 

You are really too late to send the letter, the one month has now expired, you need to be quicker off the mark.

 

I have amended the letter above so that it is more suitable - send that.

[Sutty]

I'll adapt it. That seems better. Thanks very much for that.

 

The court has stayed action until 7th March so they will end up getting much longer than a months stay.

[GuidoT]

I did not know the court had ordered a stay until the 07 March, I am sure you will be able to amend accordingly.