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

[Robertxc]

Just wondering whether to send another LBA reminding them that I will take action if not resolved in 7 days. That would still be within my timetable and would show what a reasonable person I am if it gets to court. Any thoughts anyone?

If you've already given them a dealine, I wouldn't waste any time sending further letters. You've met your obligations in respect of notifying them that you need your money back. There's not really much else to say. Any additional letter you send is hardly going to cause them to cough up the dosh.

[caro]

 

I've sat and read that 3 times, and I STILL cannot work out what their angle of defence is.!?!

 

So, if you go to court, and win (which you will) because the rate at which they have been charging you has been too high, then they will counter-claim to recover this same amount because they believe they're not too high.!?

 

But, b' but.!? (hard to re-create a bemused stammer in writing!!) if (when!) the Judge rules that their charges ARE penalties, and therefore Unlawful, and they can't prove otherwise in the original case, HOW THE HELL ARE THEY PLANNING TO SUDDENLY CHANGE ALL THAT IN THE NEXT CASE.!?!??!??!

 

 

It's the kind of argument you'd give a person a slap for if it was down the pub!

 

Oh well!

I am seriously thinking of putting in my AQ that I consider that Clydesdale are contemptuous of the courts authority. How can they possibly put in a counterclaim IF I win. IF I lose there counterclaim will not happen. Surely if they disagree with the verdict it should be appealed against or they should ask for it to be overturned, or whatever happens in the small claims court. I just kept re-reading it last night but that was still how I read it.

 

 

 

And PJ you are quite right, let them explain it in court. If they can justify it then they can keep my money, because I won't miss what I haven't got. They are seriously underestimating us.

[geofflit]

I received today the exact same counter claim from YB

It also quotes "The progress of your claim and the Bank's Counterclaim through the Court will incur both significant time and costs for yourself and the Bank."

They are that confident that their intimidation will scare me off that they also offered me £775 out of the £3823 I claimed.

As has been said this sounds like desperation. They are trying to tempt me before the court allocates a hearing date. It is strange when I think that I cannot wait to get to court!!!

 

geofflit

[caro]

So they have made you an offer Geoff. That is more than I have had. How long is it since you put in your MCOL?

[JMio]

This is (at last) starting to look very very encouraging now...

[caro]

Don't speak too soon, but I am starting to think about the type of car that I want out of my money. Just hope the old one lasts out long enough. MOT due in October I think sooooo.......8-)

[geofflit]

I issued my claim at my local court on 02/06/06

However I issued an estimated claim as YB would not supply any info.

They have stated in their defence that the amount charged was half the amount but only gave a very basic breakdown ie no dates or individual amounts.

When they made the offer along with the counterclaim they have now supplied a full set of statements. Do I stick to my original figure or the figure that YB are stating?

 

Geoff

[turt77]

I wouldnt trust their figures. They got mine wrong by £400, in their favour of course.

 

Use the spreadsheet and go through your statements and check it first.

[Robertxc]

I issued my claim at my local court on 02/06/06

However I issued an estimated claim as YB would not supply any info.

They have stated in their defence that the amount charged was half the amount but only gave a very basic breakdown ie no dates or individual amounts.

When they made the offer along with the counterclaim they have now supplied a full set of statements. Do I stick to my original figure or the figure that YB are stating?

 

Geoff

If they've supplied statements you should alter your claim accordingly. There shouldn't be a problem with this since they refused to provide the info. Contact the court and speak to one of the clerks who will advise you on the procedure.

[geofflit]

checked through statements guess what they are still short in their figures by £160

clinging on to every last penny it seems

[Robertxc]

checked through statements guess what they are still short in their figures by £160

clinging on to every last penny it seems

Do you have a seperate thread for this? If not, you should start one so that you don't end up hijacking someone elses.

[caro]

I have kept quiet for long enough and am now ready to update you all on my progress.

 

I submitted my Allocation Questionnaire in which I asked for standard disclosure, and defence to the YB counterclaim along with the £100 fee on the deadline of 7th August. Ms Ross from Clydesdale solicitors sent me a copy of their AQ showing that they have 2 witnesses. In return I sent a copy of mine with my defence and schedule of charges.

 

I have not heard from the court yet, but Ms Ross has sent me an offer, which was for the charges and £120 court costs, but no interest. The interest is just over £1200.00. I received this on Friday, as it seems several of us on this forum did. I know some have accepted, but I am really angry at the tactics that continue to be employed by the Bank. I will outline the terms of my offer, which I suspect are similar to others, but I consider to be intimidatory.

 

The letter is without prejudice so I cannot offer it as evidence in court. They say it is to save the costs to them and me of going to court. If I decline the offer the banks solicitors state that they will produce it in court.

 

My interpretation is that they want to make themselves look fair in court as they have offered charges in full and can produce the offer as proof. If I decline I look greedy because I am asking the court for interest. Any extra costs for my own case are quite small and I am willing to risk, and the banks costs are not my concern as it is a claim to the small claims court so I am not liable for any of the banks costs, and frankly I think they can afford it.

 

Now we all know that this is highly unlikely ever to reach the court, but in the unlikely event that it does, I have been advised that for a "without prejudice" document to be produced in court, both parties must give consent. If this is the case, then I am still considering my options on this. I also gave the bank 2 opportunities (preliminary letter and LBA) and 28 days to settle without resorting to court action and the need for them to pay interest. They declined the offer then, so why should I accept it now.

 

I am not surprised that others are accepting these terms if their offers were similar to mine, but I feel very strongly that I should not give in to this intimidation and stand up for my rights.

 

I would be interested in other opinions if anyone cares to offer them.

[turt77]

Firstly Caro, congratulations on getting the offer.

 

I was in a similar position myself, (interest being about £1300) and I decided to accept the offer. I was looking at another 6 weeks before I could even be allocated a court date and decided enough was enough.

 

I cant imagine it going to court. They paid me £4700 and said it was "uneconomical for the Bank to proceed to a court hearing". This makes me wonder how big a claim has to be before it becomes economical.

 

I doubt you could go to a hearing and come out looking like the greedy one.

[caro]

Thanks for that Turt. I totally understand your reasons for accepting what was offered, and dread to think how much longer it will be dragged out. I haven't got a court date so I guess it will be a while yet. However these tactics have really got my back up so I feel very inclined to stick out for every penny that I can fully justify claiming in court, and let the decision rest with the judge.

 

I just wish that it really would get that far.

[adz260385]

Hi,

 

My friend at work has just received his first payment from his bank. And i have been considering sending off for my statements for a month or so now but i am a little bit weary. i know i shouldnt as to whats been said or your site but i have an overdraft limit that i am in every month and am worried this could cause problems along the way.

Could you shine abit of light as the best procedure for me to go down please.

Thanks

adz260385

[pjdudley69]

Hi Caro hun - Yes, you're letter basically sounds identical to the one I received. I don't blame you one little bit, over a grand is a hell of a lot of money to anyone, and if I'd been in your shoes I really don't think I'd have accepted it either. Fortunately in my case, as you know, the interest only accumulated to about a tenner from the date I submitted my claim - they paid all the 8% interest up to that date, as it was on already included on my claim form.

 

Best of luck with whatever you do sweety. PJ x

[norvernrob]

I think it all depends how quickly you need the money Caro, and if you can afford to hold on for what could become another month or two.

 

£1200 is a hell of a lot of money to lose, the fact they have offered you your charges back is irrelevant - they've had every chance to pay it back before, and once you enter your court claim you are fully entitled to ask for and hold out for the interest.

 

It's your call as always, you know as well as I do that YB are not going to turn up in court, and even if they did, and produced the offer - so what? Once you entered your court claim the interest became part of your claim amount, an offer of just the charges is therefore not an offer to return the full amount claimed.

 

The one thing you can be sure of though is that if you decide to turn it down and carry on YB will continue to drag it out for as long as possible.

[caro]

The way I see it is that I have lived without this money so far, and I frankly thought it was written off long ago. I can therefore live without it a few more months if necessary. I can't miss what I never had. Well I did have it for a while, but it went long ago. Whatever I get is a bonus really, but now that I know it the charges are unlawful I want what I am entitled to as a matter of principle.

 

Thanks PJ and Rob

 

adz260385 (not sure what to shorten that to ) If you read the FAQ's and step by step instructions you will find the processes that all CAG members follow to reclaim their charges. Take a few days to read up, as there is a lot to take in, and then start your own thread in the relevant forum (this one if you are claiming against Yorkshire or Clydesdale Banks to let us know your progress so we can try and offer help and support.

 

Good Luck:)

[Bigmac versus]

Caro i have been reading your posts with interest (no pun intended) Id agree with what your saying, they have had past opportunities to settle and didnt so that is down to them, like there charges, they showed no mercy in giving out charges and interest and so should we, REVENGE IS SWEET. Good luck not that you will need it.

[caro]

Many thanks for your support George. It is much appreciated, although typical of the users of this site. Thanks again to all.

[Robertxc]

Many thanks for your support George. It is much appreciated, although typical of the users of this site. Thanks again to all.

I don't think you need to worry about looking greedy for holding out for the interest. At the end of the day, you've been deprived of your money for a long time, during which you've not been able to benefit from it in any way - unlike the bank. The interest is a perfectly legitimate element of the loss you're claiming for.

 

I wouldn't be at all surprised if YB/CB decide to take these claims at least to the first hearing, so that they can weed out anyone who isn't really serious about getting their money back. The key is for everyone to continue the mutual support which this forum is so good at, so that if anyone does find thmselves going to court, they will at least be propoerly prepared.

[maroonfox5]

Caro ,

 

Why should YB get away with not paying you the interest on.........

 

YOUR MONEY

 

after all they have probably been lending it out to other hapless customers and charging them extortionate interest rates for it!............

 

This just proves to everyone that they are trying to hang on to every last penny.

 

Its your call, but I tend to agree with you ,(if you'd written it off anyway)it's a hell of a lot to give to them ,for what is in effect rightfully your money.

 

Regards and good luck:)

 

MF5

 

PS How did you defend the counterclaim?.

 

I did post on another thread saying that the probable reason they counterclaim is to intimidate and maybe catch out the unsuspecting who doesn't put in a defence in time(YB win by default judgement)

[trundlecat]

if anyone does find thmselves going to court, they will at least be propoerly prepared.

 

I do hope so since I'm there 2 weeks on Monday.

 

Caro, sorry I haven't replied before, been in a whirl. This makes YB look like the greedy, penny pinchchers they are & makes you look like soemone who's had enough of being bullied by them. Don't worry about it hun.

[maroonfox5]

Caro...

 

Just a quick thought with regards to the interest on your claim.

 

How long would you have to leave the money they are offering you in a deposit account for it to earn that amount back .

 

You will probably get it in less than 4 weeks (not 4 years)

 

Worth the wait me thinks

 

All the best in what you decide to do.

 

MF5

[caro]

Thanks MF5. The longer it goes it goes on the more interest I get so they can take as long as they like.