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My OH v Yorkshire Bank ***WON***


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Filed MCOL 2 weeks ago, received letter in post today - Acknowledgement of Service. They are saying that they havan't got sufficient details of my charges with my claim form. I sent my statements highlighted with all the charges with my first letter and I have a letter dated 14th Sept saying that they have received them. The stupid thing is I didn't keep a copy of my statements. The letter today is saying they will apply to have the claim struck out if I don't supply the info, what should I do?:confused:

Janette

 

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Hi there - do you live close enough to the place you posted your statements to to pop in and ask them to give you the originals back? It seems you only have 14 days left to act.

 

How did you prepare the claim form, did you just use the figures from your letters?

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Sent statements to Scotland . Can't see how they can say that they haven't had sufficient details when they sent me a letter saying they had received all my statements and then offered me a cheque for half the amount. When you do the claim online you cant include any extra documents so how can you provide all the details of charges? My statements were highlighted with all dates and amounts so they can't say they havent got them. I'm sure I.ve seen a post on here saying that the judge won't strike out a claim because of this.

In the letter it says

You are required to provide these necessary details to us by no later than 12th October 2006

Should you fail to provide such details we will apply to the court to have your claim struck out pursuant to CPR Part 3.4 (2)© and that you will be ordered to pay our costs

Janette

 

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I'm assuming that the people you've had this letter from and the people you sent the statements to are at different addresses?

 

How about ringing the place you sent them to tomorrow, to say you sent them the originals in error and please would they mind taking copies and sending the originals back to you urgently.

 

In the meantime, respond to this letter tomorrow saying something like "I erroneously sent my original statements to the branch/head office, or wherever, here is the name of the person who wrote to me acknowledging receipt, if you require to speak to him/her. I have requested them back and as soon as I get them I will send you copies but I enclose a copy of the letter which acknowledges receipt of them, so I do have proof that your organisation has received full details of my claim and I will show this to the court if you proceed to try to have my claim struck out."

 

Good luck.

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Can we backtrack a bit here first please so we can try to sort it out.

 

Where did you send your prelim and LBA?

Who did you send the statements to in Scotland?

At what stage did you send the statements?

 

You really need these back as you need to do a schedule of charges, although YB obviously have the information the court do not, and they need it too. In fact so do you, so ask for the statements to be returned to you as a matter of urgency. You must keep copies of all letters that you write as you will need them for the court at some stage.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Sent prelim to Network support on 27th August with statements. Got letter back signed by Hilary McGuinness saying no.

Sent LBA to same address on 3rd Sept got reply from Neil McKirdy with a cheque for half of charges.

Sent cheque back with letter saying I would go to court on 18th Sept

Filed MCOL on 18th Sept

Received letter from Legal Services on 7th Oct saying they need details of charges

Janette

 

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I recieved same letter about sending details of charges. I have sent this info twice so far with my initial request for payment and LBA. Luckily I entered all my charges onto a spreadsheet and can print this off! You'd think a bank would be able to work out how much they've charged us bythemselves! I would follow Bongs advice and phone whoever you sent them too and ask for them back. Normally I don't think it'sgood to use the phone but in this case you don't have much time.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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Sent prelim to Network support on 27th August with statements. Got letter back signed by Hilary McGuinness saying no.

Sent LBA to same address on 3rd Sept got reply from Neil McKirdy with a cheque for half of charges.

Sent cheque back with letter saying I would go to court on 18th Sept

Filed MCOL on 18th Sept

Received letter from Legal Services on 7th Oct saying they need details of charges

These are all in Scotland right? I hope this doesn't prove a problem as you may find that you need to serve it in Scotland and it will come under Scottish Law, with a maximum claim amount of £750.00. I hope I am wrong.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Phoned Neil McKirdy this morning and asked him to send the statements back, he said he would do this straight away. Going to send a letter to legal services along the lines of what Bong posted earlier to let them know that I am waiting for my statements to be returned

Janette

 

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That sound relatively painless.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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The spreadsheet does the maths for you. You just need to put in the details of the charges. Might be as well to let the legal bods at YB know that you are in the process of itemising your claim and will let them have it asap.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Still not got statements back but got letter today from court showing that YB are intending to defend my claim. Will ring Neil McKirdy again on Monday morning to see what has happened to statements.:mad:

Janette

 

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Statements have arrived after my OH phoning Neil McKirdy again and giving him a piece of his mind. He even said are you sure it was me you spoke to, so this time he recorded the phone conversation on the mobile.Also got papers from the court to say it has been moved to our local court-Wigan, and the defence from YB with the AC. Will fill that in this week and also do the spreadsheet to go with it. It has to be back with the court by 5th November, hopefully there'll be a few fireworks then.

Janette

 

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Well finally finished the spread sheet, final amount not quite the same as my original calculations, filled in AQ so its all ready to send back to the court. just one question though. If my new total is different from the one I had before do I need to change anything on my claim?:confused:

Janette

 

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You can download both from here:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

 

Fee is £35 (unreclaimable)

 

Fill in the forms, take or post to your local court, who will put the court seal on the N1's, one of which you then serve (post) on YB and confirm to the court you have done so.

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Phoned the court for advice on what to do coz my figures didn't match they told me to download form for an application, fill it in and return it with my AQ so thats what I've done. Delivered it by hand today with 2 copies of my spreadsheet. So now I've got to wait for a date for my court hearing, hope it's not too long.;)

Janette

 

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Got a letter from YB today with their latest offer - £2080 + £220 costs which is still nearly £1700 short of my total claim. They've sent a copy of their AC, usual s**t, calling 2 witnesses etc. So it will be sent back with a letter saying thanks but no thanks for your "extremely generous" offer!! I'd rather sit it out for a while and see what they come up with next.;):rolleyes:

Janette

 

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Leave out the extremely generous bit, (in case you weren't joking, sarcasm won't make you look good to the judge), but good on you girl. Make them pay!

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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  • 3 weeks later...

Got a court date at last, 17th January. What do you think? How long will they leave it before I get my next offer? Probably make me wait till the day before, that seems like the usual scenario.;)

Janette

 

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I'm so jealous! Pleased for you but jealous. How I long for a court date. I can only suggest you check out the successes forum, but not many seem to have got this far. I think you may get an offer of some kind though as long as YB don't pull some stunt to delay the court hearing. Who knows! Pleeeeeeeeeease hold out for interest though and don't let them bully you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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