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Joolz Vs Yorkshire/Clydesdale Bank


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:o Well this is it guys!

Time runs out on Monday for our Aussie owned friends.

First thing, it's claim time!

 

Thanks for all the great advice and support from all here, if I had'nt found this site I'd have given up when they threatend to counter sue me!

 

Going for £6250 with interest and donation will be made straight away!

 

Keep up the good work all.

 

Regards

 

Joolz

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6250 quid

 

wow - stick to your guns mate

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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  • 1 month later...

Yorkshire bank came back with an offer of £3100 in full settlement from my claim of £6200!

 

Just got a letter from the court saying they're defending the case in full!

 

Not sure what to do? accept the offer or keep going...

 

Any one had this with the yorkshire or clydesdale?

 

Joolz

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In same situation. Owed £1291 + £350 interest + £220 court costs. Yorkhire bank offered me £1026 initially which I rejected. 10 days later they offered me the full amount of £1291 + £220 court costs but a refusal that they will pay the interest as is was my fault I was overdrawn etc. I am refusing this offer and will be attending court in a weeks time.

They said that they were defending the case in court to me aswell. It looks like scaremongering tactics to me. I have been reassured that they will settle out of court before the hearing. My advice....as long as your particulars are correct, stick to your guns!! Good luck

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Cheers mate feeling a bit better now!

 

I used the partics from the forums I hope they cover everything!

 

Just my luck to be the first one that they go to court with!

 

Joolz

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  • 2 weeks later...

Hi all,

Well we're carring on!

After I got the offer from Yorkshire ...which i rejected they've put a defence in and I got the stuff from the courts this morning etc

 

However when I rang them last week asking that since you'll lose why dont you settle..they said that that was the offer "AT PRESENT" what do think that means!

 

It says I need to pay £100 as my claim exceeds £5000 etc

 

The banks saying that the charges are for a service etc...

 

Is they're any help on what to say to this..and is it worth getting a solitor etc...

 

Joolz

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Just read a few posts that say sendd to local branch as Yorkshire bank is registered in Scotland! When I aksed the county court at time of fileing they said it was OK as long as I included a statement saying no other actions we're pending in the scottish or other terrorties!

My claim is for £5554 + interest!

 

Is this right?

 

Joolz

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I have successfully claimed back charges from YB twice(including costs and intrest). They seem to be in the habit of folding in the last week before the court case(the first time it was 2 days before my court case). I guess they think if they hold on for as long as possible most of us will give up or accept a lower offer.

 

Where are you upto in the process? My charges were well below £5000 so I went through the small claims. Perhaps you could have claimed in a series of smaller claims? Someone with more experience will no doubt jump in and help before you have to seek a solicitors opinion.

 

Good luck

 

Bigz

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Hi Joolz, I see that YB are using the "we are supplying a service" angle quite a bit just lately, like it makes the high charges lawful, but they still have to comply with The supply of goods and services act 1982.

 

section 15.

 

1.

Where, under a contract for the supply of a service, the

consideration for the service is not determined by the contract,

left to be determined in a manner agreed by the contract or

determined by the course of dealing between the parties, there is

an implied term that the party contracting with the supplier will

pay a reasonable charge.

 

On the BBC Money programme two university professors of Banking and a ex bank chief executive said that the most a bank could reasonably charge for a unpaid standing order was £2.50, so how can a £35.00 charge be a reasonable service.so don't worry just keep the faith and you will win in the end. :)

 

Moss.

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Threads merged. Please keep your progress on one thread as it makes it easier to follow.

 

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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Sorry abut that!

Am just about to fill in my ACK forms from the court after they're defence!

I'm bricking myself and are going to go through all the stuff with my Dad tomorrow and would love some help here guy's!

 

My Dad's not bad as he's an X accountant and auditer and has been following my case but is concerned about my lack of legal representation in case the YB single me out for a test case!

 

Whats the crack with the 'Court' buddy system? Are these people qualified or just lay people, or lay people that can withstand the 'Banks' arguments?

 

I'll scan and send 'bankfodder' the 'Banks' defence document tonight....

 

Big donation on its way it I can get through this....

 

Happy new year all you bods...

 

Joolz

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  • 2 weeks later...

Joolz don't be worried about court, lots of folks on here have been in the same position as yourself including me and it is worrying when you get a legalese letter of them that you don't understand. I have found that the more i read on this forum especially the relevant law bits and the legal arguments the more i understand, and reading the YB successes every now and then is great as they have all had the same sh*t thrown at them and YB's lawyers aren't coming up with anything new. Turning up in court would be financial suicide and all the banks know it. With the help of CAG, members have got back £5795834 for 4593 people and you will soon be adding to it. :)

Regards Moss

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