Peterbard V Yorkshire Bank **WON**

[Peterbard]

I have joined the fun at the latter stages of this one I have already gone through the preliminary stages Letter 1 the LBA and have just filled in my moneyclaim application.

 

I have had the usual letters although the last one had me worried a bit the final paragraph reading,” If you should proceed in taking this matter to court we may counterclaim for breach of contract”.

Is there nothing we can do about these totally outlandish bullying tactics?

I noticed there was no way to attach my schedule of charges am I right in assuming this appears when payment is accepted?

 

Would one of you have a look at my claim and see if it is ok it is basically the one on the template.

 

I have a contract with the defendant bank account no;******** which is conducted on their standard terms

and conditions. I am claiming the return of

money taken by the defendant in the way of

charges over the last 6 years totalling £677. The bank's

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are 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 then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from, See attached

schedule of charges till the 25th September

2006 £172.61 and also interest at the same rate up

until the date of judgement or earlier

payment at a daily rate of 0.022%(14

pence).

[Bookworm]

No, if you're going the MCOL route, you can't attach a schedule of charges. SO remove the "See attached schedule of charges " part. And you have forgotten the date "from ...."

 

You could alter it to add "schedule of charges to be/has been sent separately to Defendant" or words to that effect.

 

Or you could file with an N1 which you take to court, so that you can then attach the schedule.

[Peterbard]

Thanks for that I will carry on with the MCOL ,it seems easier to keep track of as this wil be the first of four claims.

5%Donation promised.

 

Peter

[Peterbard]

Got my defence to the calaim from the Yorkshire today seems to be pretty much the same as everyone elses. They waited right to the 27 th day after the claim was filed to reply.Whats new?

[Peterbard]

Hi

Can someone tell me where the guidence notes are on here for filling in my AQ i know i have seen them somewhere but now i can't find them.

 

Many thanks

[Guest Mumofthreeboys]

Is this what you're after?

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

[Peterbard]

You are a diamond geezer

 

Thanks

Peter

[Peterbard]

Settled in full recieved letter this morning.

 

Donation on it'as way as soon as i get the cheque

 

Many Thanks Petr

[ladykenco]

Great news.......

[wackyjacky]

Thats great news happy christmas jaxx

[Peterbard]

Many thanks to you all.

 

Donation on it's way as soon as i recieve the cheque.

 

Now for Northern Rock.

 

 

Well Chuffed

 

Peter

[sajabu2003]

Well done Peter

[rascal3103]

well done peter, but be warned they are dragging their feet with the cheques. I agreed to settle on the 24th Nov. Still no cheque.

[Peterbard]

Have you contacted them ?

 

Petr

[Peterbard]

The case was due to go to court in february .In the form I signed acccepting the offer there was a court document canceling the claim. In their offer they stated that they would not present this to the court untill the payment had been made to me.

In hindsight i perhaps should have given them a time frame for setlement because,going from previos experiance with them, they like to drag things out till the last possible moment,which would probably mean I will get the money just before they were due to go to trial.

I might take ecception to this i will sleep on it.

 

Cheers Peter

[rascal3103]

Hi Peter,

 

I did contact the Clydsdale legal team last week, they told me i should get it before christmas, but i think i may try again tomorrow. They do take the pi**

 

I have not sent off the court paperwork yet, i kept it, and sent them a copy only.

[micky31]

Hi Peter, I hope you dont mind, I am asking your advise. I have today 18th Dec received a letter from bank with a cheque attached for about 1/3 of the claimed costs. I am writing to them to reject this offer and telling them I will be taking them to court. How many days do I wait till I start the ball rolling and get court documentation sorted?

 

thanks Fi

[Peterbard]

Hi Micky

 

I got a similar letter before they agreed to settle in full.

Whatever you do don't cash the cheque as that will indicate you have accepted their offer. I sent it back (recorded) and informed them that the original timescale still applied. In other words the court action will commence 14 days from the LBA. In my case i got a letter settling in full the next week although I have yet to receive the money. I think it is a good idea to stick to your original timescale.

 

Hope this Helps

Peter

[Peterbard]

Hooray Got my Cheque this morning just in time for the January sales (once it clears).

Thanks to everyone for the help and now for Northern rock and the wifes capital One which have been at the LBA stage for some weeks waiting for thre funds to go to court .

 

Donation on it's way as soon as the cheque clears

 

Peter

[ladykenco]

Woohooo Congrats.....and good luck with your other claims

[isie1980]

Congratulations!