beatsurrender v yorkshire bank**WON**

[beatsurrender]

sent lba letter they have until 13th to reply am i right to get my n1 form and fill it in ready to hand it in to court on the 13th ? what if i get a offer when its been handed in ?

[Guest bong]

Hi, if they have until 13th to reply you shouldn't raise your claim until 14th. If they reply after you've lodged your claim they're too late and will have to follow the court procedure which means acknowledging your claim and defending it or admitting it is owed, because your claim will have increased to include court costs and possibly county court interest.

[beatsurrender]

well folks its in ! filed court claim on fri 27th so they got till the 10th nov to turn up im bricking it but its gone this far so im gonna follow it through . any help or encouragement wud be greatly accepted £1,102 waiting to claim . will they show up ?

[beatsurrender]

letter recieved today 3-11-06 saying they have an intention to defend all of the claim the defendant has 28 days from the date of service of the claim form with particulars of claim or of the particulars of claim to file a defence .

 

whats my next step do i just sit it out or will i have to go to court to defend it myself ? god this is scary now willl they sit and squirm for 28 days AND PAY UP ? PLEASE ANY HELP ?

[judi24]

Don't panic - sit tight. YB seem to be waiting til the last minute to send thier defence - they are also making some offers at this point of varying amounts. You just have to wait and do nothing for 28 days - you are nowhere near the point of standing up in court - as yet I don't think any one has had to do this yet.

[caro]

Read up on the court process on the MCOL site. I found that helped a lot, and keep reading the FAQ's etc and the threads so that you get a feel for what to expect. There are a few cases that YB have settled now, so look at the Successes sub-forum as well. As Judi says, you are a long way from court yet, so get reading, because the more you understand, the more confident you will become about the whole thing.

[beatsurrender]

Yorkshire Bank PLC

Customer Relations(box14)

Clydsedale Bank Exchange

20 Waterloo Street, Glasgow, G2 6DB

Re: RH/YBR/06-001092

Response to settlement offer.

 

Dear Neil Mckirdy

Thank you for your letter dated 03/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered (£569-50p) only as part settlement and on the clear understanding that I will pursue recovery of the remainder, and will continue with a County Court claim to which you have until the 29-11-2006 to respond positively.

 

You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

is this letter appropriate as the yorkshire have replied to my court papers and have filed acknowledgement of service which gives them 28 days to file a defence am i right ?

[beatsurrender]

any one help me out with my last post ?

[beatsurrender]

i have recieved a arrears outstanding letter from yorkshire bank for £119-46 p from 2004 is there a letter to send them to say hang on a minute you owe me £1,120 from your bank charges dont you think you should be sortin this out before chasing me for this small sum ? there saying there taking legal proceedings its through jeremy sutcliffe solicitors ?

[caro]

Due to some recent events the advice on partial settlements has changed, and it may be unwise to accept this as part payment. YB tried to strike out JulesTools claim as he had accepted the cheque as part payment, but in his case he hadn't cashed it so it wasn't a problem. You could ask YB if they will accept a change to their conditions and pay on the understanding that you will pursue the balance. I doubt somehow that they will accept this, in which case you reject the offer. If they have sent a cheque, cut it in half and send it back.

 

Is the arrears letter regarding the account that you are claiming for, or were there and charges on it. If either of these are the case, then write and tell them that the account is in dispute and they should take no further action until the dispute is resolved. What are the legal proceedings they are threatening?

[beatsurrender]

i wont be cashing the cheque should i send it back with a letter and what would i quote in the letter ? yes it is the account im claiming for is owed when they closed my account and it says our client yorkshire bank has passed this debt to commence legal proceedings in that the event you may be liabl;e to pay court costs and solicitors fees ! can i ring the solicitors to telll them this or is it best to write ?

[caro]

Put everything in writing. Send the cheque back cut in half, to the person who sent it (Neil McKirdy?) and tell him that you require the full amount of the claim to prevent your court case proceeding.

 

Also write to the person stated on the arrears letter pointing out that the account is in dispute and that no further action should be taken until the dispute is resolved. Send a copy of that letter to Neil McKirdy and to the solicitors who I assume are a debt collection agency. Always put everything in writing, and keep a copy for your own records for when you need to do a bundle of documents for the court.

 

Keep us posted.

[beatsurrender]

they got till the 29th to come up with a defence u think they will and what can i expect next from them ? more delay tactics ?

[caro]

Got it in one.

[beatsurrender]

help please the yorkshire had until the 29th they have sent a defence what is my next procedure? im brickin it

[caro]

My goodness it's on time. There's a turn up for the book. In the next few days you will get an allocation questionnaire from the court which you will need to complete, and probably pay a fee, which you will also get back when you win. There is a sample AQ in the the Bank Templates Library on how to complete it.

 

Don't worry about the defence. As long as there isn't a counterclaim on the end of it that will be all you need to do for now. Take a deep breath and read the defence without panicking. I suspect the defence is nothing more than a series of denials that they are in the wrong, that you agreed to abide by the T's and C's, it's all your fault and that they have systems to pay for.

 

If there is anything radically different post it on here and we'll try and help. I found it useful to look at the law that they are quoting, which is in response to the law you quoted on your POC. You will find it all in the forums Statutes Library and if you can pick out the sections referred to you will see you have right on your side. Once you understand the legal bit it all fits into place and is much less scary. You have plenty of time to get your head round it so keep reading.

[beatsurrender]

got to put my allocation queationaire in on fri what does it actually do does it speed things up ?

[caro]

It's just a part of the process to allow the judge to decide whether it should be allocated to small claims, fast track or multi track.

 

The guidelines on MCOL explain the court process.

[beatsurrender]

ok thanx caro will i be able to reclaim this 100£ fee ?

[Michael Browne]

Yes, it's automatically added to your claim

[beatsurrender]

well my allocation questionaire sent in 3 weeks ago do i have to wait for a hearing ?

[beatsurrender]

had letter from court returned sayin it is to be struck out what exactly is this ?

[diddled]

Did you return the cheque for part settlement?

What exactly does the letter from the court say?

[beatsurrender]

just says thet got till 2nd jan to send thier allocation questionaire back i ripped the cheque up i didnt cash it

[Michael Browne]

This sounds like the court hasn't received your AQ and are going to strike out your claim unless you return it again by Jan 2. Phone the court to check.