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

[caro]

Not on me I'm afraid. I'm not sure if there is one on the defence that I received at home. I've done everything in writing, but I have noticed that they don't seem to rush to pay out. Have you tried faxing? I will see if I can find anything later.

[caro]

Well it's happened. Nearly 6 months after putting in my court claim I finally have a date for the hearing. A 2 hour slot to consider my small claim and YB's counter claim at 2.00 pm on 12th February 2007. A number of cases will be considered at the same time.

 

I know it's not money yet, but to me this is an early Christmas present.

 

I have also met my MP today and had quite a positive response. I'll post on that later in a new thread in the Campaign forum and put a link in my sig for those interested in how it went.

 

I'm shattered now and have to pick up my son from the train station as he's home from uni today, so the rest of my evening is for the family, and possibly a good part of the weekend too, so will sign off for now.

 

Quite a day for me.

[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.

[caro]

Tee hee

[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.

[caro]

Get me a soapbox someone!! ROFLMAOPMP

[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.

[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

[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.

[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.

[caro]

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

[caro]

Thanks MF.

[caro]

Hi newportorb

 

The 2 days is a new one on me, but the 2 witnesses is as usual. But who are they? Nobody knows because no case has ever got far enough to find out. The stay is also usual, but don't expect YB to rush to settle. It will simply delay matters.

[caro]

I have in my possession a cheque for £4,489.39, which I shall be accepting. This includes interest to 24 January 2007, which is acceptable. I would have had it yesterday, but there was no-one at home to sign for the letter so I had to go to the Post Office to collect it this morning. The counterclaim is also settled.

 

 

I WON !!!!!!!!!!!!!!!!!!!!!!!

:lol::lol:

[caro]

Thanks everyone. Those of you who are going to the Wakefield do tonight, have a drink for me, and I will do the same for you all too.

 

And Robert, next time the beer is definitely on me matey.

[caro]

Thank you all so much for your support. I know I've got a bit of an issue about claiming all the interest, but I knew I'd get it, and I hate to see YB continue to rip people off, even when they claim.

 

You have all spurred me on so much and I am so grateful to all on the YB forum, and also to Dave and BankFodder, who will of course beI w getting a donation when the cheque has cleared. Also the survey will be updated and my thread in the litigation section. It's so important that these things are done so newbies can see how we are doing. Also for legal purposes, for example to show judges how many cases the banks are settling without going to court if applying for a stay to be removed, or maybe for cases like the one at Lincoln where the judge has really made a stand against the banks to prove how many cases they've settled before court, and how many they have followed through to a hearing (none as we know).

 

I didn't mean to get on my soapbox again. I just wanted to thank you for the support, and let you know that YB will shortly be receiving a new SAR as I only asked about my current account in my original SAR. I now want the information on the loans I had with them and paid off early, PPI that I had to have to get the loans, and see if there were any charges on the credit card I had.

 

Don't think I'm going away YB. I've just got started, and you know I won't be intimidated. I also won't let it drag on next time so will be using a few tricks I've picked up along the way while this claim was being done.

 

You ain't seen nothing yet!

[caro]

Thanks George - much appreciated.

[caro]

Thanks both. Look out for round 2.

[caro]

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