twoofus v YB ***WON***

[MARTIN3030]

This reminds me very much of Citi Financial......they are the only ones that I know of in the mainland that have chosen to do this.

There is a scenario where Citi said they needed to pay any differences in refund of default charges to Hillesden (this is the ppl they sold the debt to)

but lets be serous here.......the accounts are usually sold for around 20% of their value so can you expect anyone to believe they would forward on payments for an account they had effectively no contractual interest in and one they had lost money on in the process ????

My advice here.........carry on with the full claim.

Your contract was with the bank/Financial service provider and it is them who took the charges from you...........and they who are ultimately responsible to repay the same.

Ask the court to order full disclosure...........and that includes all communications with their collection agency.

This should ruffle a few feathers...............

[BankFodder]

Don't worry about what they have done with it.

Just write them a letter saying that you are making t clear to them that only 100% unconditional satisfaction of your claim will do.

 

However, be careful. I will bet you that they written to the court telling them that the claim is settled.

 

Check with the court. Make it clear to the court that your claim is not settled. You will need to check again a few times over the next 2 weeks or so to make sure that some letter sent by the bank to the court has not finally emerged and that the court have accepted their information that they have settled the claim.

 

If at any time the court does receive such a letter then complain to the court that the bank has acted unilaterally and that they have no basis for claiming that the claim is finished as you have made it clear to the bank that you have refused their part payment.

 

You can also write a note to the bank making t clear that you have copied it to the court informing them that you will continue your claim until the full amount is in your hands and that you will not accept any settlement if it is merely applied by them to some perceived debt.

Tell them that if they do that then they will have to raise a setoff in court.

[twoofus]

Firstly,Thanks for all your replies Mods and the time you've all taken to do them

 

Secondly, this account isn't at court stage (thats my wifes), mine and the one they have offered 'part full and final settlement' is only at LBA stage.

 

Thirdly(if thats a real word.lol) YB haven't sold my debt externally, it is still within their collections department, so when they are saying they've given me final settlement and paid 'collections' its actually only their own collections dept. they have sent a cheque to.

 

What I think is my plan of attack is to send them a rejection letter stating that the offer is unacceptable and only an offer of 100% of my claim will be deamed acceptable and also that I expect the offer to be sent to me in the form of a cheque otherwise it will be rejected because it is my money they have taken unlawfully and I will decide what to do with it. Then inform them that I am proceeding to court and file at MCOL. I will tart it up a bit but those are the basics, does that seem about right.

 

Thanks again all

[twoofus]

Also guys my wife has just received her defence would you like a copy of it and if so in what format, would a jpeg be ok.

[BankFodder]

As you haven't started proceedings yet, I would say nothing to them at all. just start the claim. You told them what you wanted in the LBA and they haven't met your demand. they know what to expect and they don't need any further warning.

 

Just before you issue the claim check your balance to see if they have left the money in or taken it out and sue for whatever they appear to owe you.

 

If they take the money out later then amend the claim. You will be able to recover the cost of this from the bank.

 

You still seem to have the attitude that you can talk to the bank and that they will listen to your reasoned argument.

This is naive.

[twoofus]

Can't check the balance because the account is closed now mate but trust me the last thing I want to do is speak to this bank, all I want to make sure i'm doing is everything correctly so's not to give them the slightest thing for them to play anymore games with and to make it clear to them that I am taking control of this situation, that it is me who's asking them (within the law) to co-operate or face court action.

 

I will send them a rejection letter which also will state that I will decide what to do with my money and they I will not have them telling me what they will do with my money, after all, thats why I'm here doing this, because they have already (with the charges) controlled my money unlawfully.

 

Again thanks for your time and comments Bankfodder, they are appreciated, I will and do take them all on board and please keep them coming.

 

cheers

[twoofus]

Hi all,

 

My wife is doing her AQ and is going to adopt the new strategy. She/we also want to add to it about the whistleblower programme and supply the judge with the DVD.

 

1) How do I get a copy of the 7 minute piece to put on DVD?

2) Should I add a new paragraph to the draft disclosure about the whistle blower programme.

3) Should I just add a note in section G i.e. 3) A dvd is included. alongside what is quoted below.

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

Thanks

[BATEYDP]

Don't know mate but if you find out let me know;)

[twoofus]

Just been to court and filed my wifes AQ. Time to start preparing her bundle now I suppose just in case we get that far:(

[moss]

I too would like a copy of the video, but i would imagine that it would be copyrighted and if used in court could YB object. I have also looked at the transcript of the programme on the BBC web site and there is no mention of YB's costing system. Hopefully something useful will emerge soon.

[caro]

Do you have a link to the transcript please Moss.

[moss]

It's the Programme report by Amanda Egbujo, not a full transcript and as i said no mention of YB.

 

BBC NEWS | Business | Mis-selling is 'rife' at Barclays

[caro]

Ah right yes I saw that thanks.

 

Sorry for the hijack 2ofus.

[twoofus]

I've just sent off a rejection letter for the offer on my account. Also, just sent the cheque back for the offer made on joint account.

 

Will be doing our MCol's for these 2 on monday and the wifes is at the stage of AQ submitted last friday.

 

Its all getting close now, could do with some supportive words.

[zootscoot]

You'll be absolutely fine!

 

Why should your claim be any different from the countless other successes?

 

Now that Whistleblower has exposed the true costs there is even less to worry about. I foresee YB getting very meek and humble over the next few weeks!

 

I'd wish you luck but you won't need it:D

[twoofus]

Thanks Zootscoot. Its just sometimes you feel you're getting bogged down and not going anywhere, then the doubt sets in.

 

Anyway, wifes AQ was put into the court on friday so who knows, we may well receive a nice letter from YB over the next week or so.

[caro]

I know exactly what you mean but you will get there.

[twoofus]

Thanks also Caro, not just for your supportive comment but for taking the time to respond and offer advice on various occassions.

 

Right, the wife got a letter from YB today, it was their AQ and I bet you can't guess whats on it..........yes, a request for 1 months stay.

 

Also it was supposed to be returned to the court by 01/04/07 but it states in the letter that they have sent it on 02/04/07, although the court as of this afternoon haven't yet received it. Apparently the court sends them a 'sanction' letter giving them a further 7 days from the deadline day to file their AQ otherwise it is struck out.

 

Now i'm sure it will be in by the end of the week but it must all go in our favour with the judge because little old us can file legal documents within the courts timescales, but, big old bank with its legal department cant even do that. Surely it all makes them look like blundering idiots with a total disregard for the courts and indeed our legal system.

[caro]

Not sure about blundering idiots but the rest of that sentence is right.

[twoofus]

The wifes court bundle is done and on its way to court courtesy of the missus in the car and copies to the bank on there way. So from our point of view we're done.

 

Another thing I thought i'd mention, YB had until 30/03/07 to submit their AQ, they never met that target. The court sent them a letter giving them a further 7 working days to provide it or the case would be struck out and the court still haven't received anything from them, they have until 4pm on friday (13/04/07).

 

So, firstly why are the courts giving them the extra 7 days (would they have given the same to us) and what exactly would happen if it got struck out because they failed to suply an AQ???

[caro]

I think the defence would be struck out, not the case, and so you would win by default.

[twoofus]

So IF we won by default (i know this might sound obvious) but would the court then force them to pay the full amount of the claim or would we have a bailiff scenario not that i'd mind, I'd quite like to send the bailiffs into our branch and watch their horror with pleasure:D

[caro]

Wouldn't it be just great to watch the bailiffs go in?

 

Let's not get ahead of ourselves just yet and see what happens in the next few days.

[twoofus]

Well my wife phoned the court this morning and they have now received YB's AQ.

 

As I said earlier we have already submitted our court bundle so its down to the nitty gritty now and after 8 months of messing about from YB we are well and truly ready to stand in front of a judge and battle this one out.

 

Bring it on YB we're in fighting mode

[twoofus]

We recently did our AQ and shortly after handed in our court bundle.

 

Whilst chatting to the guy in the court office and talking about sending our bundle off to YB's legal department (Kirsty Ann Ross in Scotland) he said " What do you mean in Scotland, these courts are England and Wales, the Sottish courts have their own separate system and you shouldn't be sending things to Scotland. YB have to provide you with an English/Welsh address for all your documents to be sent to".

 

He consulted his colleges and they decided that they would sent a letter to YB's legal department telling them that they shouldn't be corresponding from that (Scottish) address to us in England and to provide an English address for further correspondance.

 

He also told us that we don't have to send anything to them/her in Scotland although we can do to be curtious and that we can just hand it in at our local branch which is where the claim originates.

 

Now we know this and do hand things in locally to which they forward it to Scotland and we get our replies from there, but in the letters Miss Ross is sending out she does state that all correspondance is now being dealt with by the legal department and to send things to them.

 

Are YB again flouting the English Courts rules?

 

Does everyone know that they don't have to send things to her in Scotland?

 

Should we all send letters to Them/her saying we will no longer deal with them in Scotland and to provide a Legal office in England as any English/Welsh court dealings are out of her Durisdiction?

 

What do the Moderators think, are YB getting away with to much ?

 

Thanks