caro v YB - defence & counterclaim ***WON***

[JulesTools]

Fantastic news Caro , we are all so pleased for you as no-one deserves it more than you.

 

Jules

[rascal3103]

very best of luck with everying Caro - would you have an e mail address for legal services in Glasgow (St. Vincents place) been trying to phone to find out what's happening with my claim but just get voice mails - left messages but no one gets back - submitted letter of acceptance and not. of disc. on 30 November

 

Thanks

 

 

go onto yell.com search for clydesdale in glasgow, phone one of the numbers, ask for the head office number, when you get that then ask for legal services. Or as I did get put straight through to Kirstie Ross, you should hear the surprise in her voice. Like you say, they try and fob you off with the voicemail regarding bank charges.

 

I phoned a few times until i got my cheque. BUT......my situation was I had agreed a settlement and was just chasing my cheque.

 

Another point, when I got my offer without interest, i wrote back and said no, but in my letter i did say what i was prepared to accept, basically all costs and interest upto the date of my claim, and prepared to waiver the interest from claim date to now.

 

This seemed to spur them into action and i received a letter back within days confirming they are prepared to offer me that. I also think it shows the court you are reasonable in your requests, if it ever got that far.

[diddled]

It might be worth trying to e-mail. Clydesdale's officials e-mail addresses usually start with their name followed by @eu.nabgroup.com

[email protected]

[maroonfox5]

Well done Caro

 

Not long now.It's like money in the bank!+ that 8%

 

Keep us updated

 

 

MF

[caro]

Aw thanks for the support everyone, that's really touching.

 

I just plan on preparing for court and see what happens. Clydesdale know where to find me if they don't want to see me in court, and they know that I will accept nothing less than the full amount, unless they tell me their actual costs. If they prove my charges were fully justified and are equal to their costs as a result of my breaches I will of course drop the claim altogether.

[Thailand]

Amen:D

[caro]

Tee hee

[moss]

You've got them backed into a corner Caro, they have only two options now, turn up in court and prove they are in the right or pay up and skulk of with their tail between their legs. Ooh i wonder which it will be . It's just a shame that no one can get them too court or make them show their actual cost then this whole pantomime will be over and we won't have to spend months climbing up the bean stalk to get our unlawfully taken cash back . I see other banks paying up at LBA stage when will this lot learn. Perhaps if enough of us like yourself take them all the way and settle for nothing less than a full refund with justly deserved interest, then things will change. I think we'll have a long wait for the OFT or Government to take proper action, so it's down to us plebs to stand up to them, take control and make them respect our rights. Sorry to go on but it's such a long bean stalk and I'm sitting here with nothing to do but wait for a defense which won't arrive until Jan .

Keep up the good work Caro the wait will soon be over.

 

Moss.

[caro]

You're spot on Moss. I strongly believe that while people settle for less than they justly deserve, Clydesdale/Yorkshire will continue to delay at every possible turn. People see the horrendous delays for those stubborn enough to fight for their rights and decide to cut their losses. If everyone stuck to their guns they would eventually capitulate. When I started they didn't pay anything back, or make part offers, or charges only. They didn't even send the S.A.R - (Subject Access Request) information prior to 2004, until the Information Commissioners Office made them after complaints, many of which were from CAG members.

 

It has been by plebs like us taking them on that they have gradually weakened their grip, but there is still a long way to go. I understand people wanting their money. Believe me I am in dire need of it, but I also want Yorkshire Bank to understand that I am no longer prepared to be bullied, and they will pay me back everything that I am entitled to, and I want them to do the same for everybody, so that those that follow in the months and years to come will not have to endure this callous disregard of the people who enable them to make vast profits, by lawful and unlawful means.

 

We have come a long way, and we have won a few battles, but the war rages on as far as I'm concerned at least.

 

You have no need to apologise Moss. I just hope that you don't have to wait as long as me.

[JulesTools]

CARO FOR PRIME MINISTER

[caro]

Get me a soapbox someone!! ROFLMAOPMP

[calam70]

Also have date in court too....five days ahead of you!!!

Started my claim on June 1st so just six months to get to this stage!!!

Wrote to them today offering to pay their actual costs subject to a full disclosure.....will keep you posted!

[rascal3103]

calam70,

 

You had any offers at all ?

[calam70]

Back in August i had an oofer of 50 % of the charges only.

No thankyou!

[caro]

Got home from work to a large white envelope with Glasgow postmark. Have you noticed all the offers seem to arrive on a Friday?

 

I was offered the full amount of my claim including interest (to the date of my claim in June) and 120.00 court costs. They left off the 100.00 AQ fee and the interest from June to date.

 

For some reason they put my claim as being made in Dewsbury instead of Warwick but they do seem to get confused at times so I'll overlook that.

 

In case you are wondering I shall be declining their offer.

[zebbydog]

Yes they missed off the AQ fee on mine as well.They do really like to take the p**s dont they

[moss]

They are like a Tweedle Dee and Tweedle Dum, they know they've lost the battle but won't admit it and just want the last word or you to submit in some small way. Well Caro give them a good spanking

 

Regards Moss

[caro]

I faxed a letter to Ms Ross on Monday in which I declined the offer as it was short of 100.00 AQ fee and nearly 140.00 interest (208 days since my court claim was made). I reminded her that my claim included 67p per day but that I would accept a cheque allowing for interest up to one day after the postmark on the envelope containing it. However I would expect payment within 10 days as we are due to submit court bundles 14 days before the hearing on 12th Feb. I informed her that if the bank failed to do this I might consider applying for the defence and counterclaim to be struck out, and quoted the order from the Lincoln judge. May God Bless that wonderful person.

 

http://www.consumeractiongroup.co.uk/forum/post-467620.html

[zebbydog]

Be interesting what the answer is Caro.My guess would be no answer and they will take it to the wire again.They know you arent going to give in but they will still hold out until you make em squeal

[caro]

I think you're probably right zebby. It seems very close to being settled now, but I provided my email address and have heard nothing so far. Having said that I've not heard of YB using email and most letters seem to arrive on Fridays, so we'll have to see. Frankly I am expecting to have to complete my court bundle, but thanks to Booky much of it is available on this site, and the rest is all in order so I don't anticipate a problem with this (famous last words).

 

I won't count my chickens just yet.

[Bigmac versus]

Getting closer now and payday looms caro.

[koberoy]

Hi caro It won`t be long now and you`ll finally get whats rightfully yours. Every last penny. I can only echo whats already been said, nobody deserves it more

[caro]

You're so right George.

 

Yet another offer received today. They have increased it by 100.00 to cover the AQ fee but are holding out on the interest from the date of claim to date of settlement.

 

I'm beginning to see why people waiver at this stage. When I opened the letter I thought they were offering to pay in full. When I re-read the paragraph below I realised we weren't quite finished. I then began to think that maybe the court would think I was being unreasonable by not accepting it, and might strike out my claim, and generally had a little panic.

 

When I thought about it logically I realised that had YB been quicker about settling they could have avoided this cost, and that it is actually an integral part of my claim. I am happy to discuss the issue with the Judge on 12th February and accept his or her ruling on this.

 

Quote

 

We note that you have stated in your letter you wish to claim a further 139.36, daily interest to 15th January 2007. and 67p per day, interest to the date you receive our cheque. The Bank has included interest in the settlement figure of 1063.70. Should this figure change, please inform the court and have your particulars of claim amended.

 

Unquote

 

I'm not entirely sure who has sent the letter as it has an illegible signature followed by "pp Solicicitor - Dispute Resolution". It may or may not be Ms Ross. I propose to send the following response by fax on Monday morning.

 

Dear Sir/Madam

 

Thank you for your letter of 18th January 2007, received on 20th.

 

Whilst I appreciate that you have increased your offer to cover the cost of the Allocation Questionnaire, the matter of interest to the date of settlement remains unresolved. Please note that this issue is already covered in the final sentence of my original particulars of claim, and I quote:-

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from between 18 January 2000

and 19 March 2003, to 22 June 2006 of £1,063.70 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 67p.

 

I trust that you will agree that there is no need to amend my particulars of claim.

 

My position as explained in my letter of 15th January 2007 therefore remains unchanged. Given the need to file and serve our court bundles and witness statements 14 days before the hearing on 12th February 2007 I need to have a cheque by no later than Friday 26th January 2007, as my bundle will need posting that day to ensure compliance with the Courts instructions on the the Notice of Allocation to the Small Claims Track (Hearing).

 

We have not covered the issue of the Banks counterclaim against me in our communications. Can you please confirm that when you make an offer of full and final settlement which I consider to be satisfactory, that you will also be sending a Notice of Discontinuance to the Court, and a copy to me, withdrawing the Banks counterclaim.

Please be assured that I have no desire to waste any more of the courts time unnecessarily, but I am prepared to attend court for the hearing on 12th February 2007 if we cannot resolve the matter beforehand.

 

Yours faithfully

 

What do you think? I'm not sure if I need the bit about the counterclaim, but I just suddenly realised that I wasn't sure if they could continue the counterclaim or not. I don't want to take any chances that they might pay me and then continue with the counterclaim, although of course that would mean them going to court, which they won't. I just don't want any loose ends when I think I've finished. I'll phone the court on Monday to check if they can continue with a counterclaim if a claim is withdrawn.

[Robertxc]

You're so right George.

 

Yet another offer received today. They have increased it by 100.00 to cover the AQ fee but are holding out on the interest from the date of claim to date of settlement.

 

I'm beginning to see why people waiver at this stage. When I opened the letter I thought they were offering to pay in full. When I re-read the paragraph below I realised we weren't quite finished. I then began to think that maybe the court would think I was being unreasonable by not accepting it, and might strike out my claim, and generally had a little panic.

 

When I thought about it logically I realised that had YB been quicker about settling they could have avoided this cost, and that it is actually an integral part of my claim. I am happy to discuss the issue with the Judge on 12th February and accept his or her ruling on this.

 

Quote

 

We note that you have stated in your letter you wish to claim a further 139.36, daily interest to 15th January 2007. and 67p per day, interest to the date you receive our cheque. The Bank has included interest in the settlement figure of 1063.70. Should this figure change, please inform the court and have your particulars of claim amended.

 

Unquote

 

I'm not entirely sure who has sent the letter as it has an illegible signature followed by "pp Solicicitor - Dispute Resolution". It may or may not be Ms Ross. I propose to send the following response by fax on Monday morning.

 

Dear Sir/Madam

 

Thank you for your letter of 18th January 2007, received on 20th.

 

Whilst I appreciate that you have increased your offer to cover the cost of the Allocation Questionnaire, the matter of interest to the date of settlement remains unresolved. Please note that this issue is already covered in the final sentence of my original particulars of claim, and I quote:-

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from between 18 January 2000

and 19 March 2003, to 22 June 2006 of £1,063.70 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 67p.

 

I trust that you will agree that there is no need to amend my particulars of claim.

 

My position as explained in my letter of 15th January 2007 therefore remains unchanged. Given the need to file and serve our court bundles and witness statements 14 days before the hearing on 12th February 2007 I need to have a cheque by no later than Friday 26th January 2007, as my bundle will need posting that day to ensure compliance with the Courts instructions on the the Notice of Allocation to the Small Claims Track (Hearing).

 

We have not covered the issue of the Banks counterclaim against me in our communications. Can you please confirm that when you make an offer of full and final settlement which I consider to be satisfactory, that you will also be sending a Notice of Discontinuance to the Court, and a copy to me, withdrawing the Banks counterclaim.

 

Please be assured that I have no desire to waste any more of the courts time unnecessarily, but I am prepared to attend court for the hearing on 12th February 2007 if we cannot resolve the matter beforehand.

 

Yours faithfully

 

What do you think? I'm not sure if I need the bit about the counterclaim, but I just suddenly realised that I wasn't sure if they could continue the counterclaim or not. I don't want to take any chances that they might pay me and then continue with the counterclaim, although of course that would mean them going to court, which they won't. I just don't want any loose ends when I think I've finished. I'll phone the court on Monday to check if they can continue with a counterclaim if a claim is withdrawn.

I would take out the bit about the counterclaim, because it's not really relevent. I alsways try to keep these things as short and to the point as possible. I doubt if they're going to go to court over an extra £130.

[caro]

Thanks Robert. Level headed as ever. I was just getting a bit paranoid I think.