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    • Generally regarding the default judgement....lets clear up a few things.     that does not matter at all..'they' the fleecers, do NOT send the claimform.   the fact the OP returned 'whatever' letter(s) from the fleecers makes no odds whatsoever to why nor can have any bearing upon, the sending or not of a claimform by northants bulk to the advised address.   the claimant or their acting solicitors make a request to northants bulk court to issue the claim. telling someone that you don't live there does not allow the court to dispense with issuing one, no matter what the claimant says. it must happen.    now how do we deal with this one... the OP has confirmed northants bulk sent the initial claimform to the correct address, where it went is now not the problem.   the problem is as LFI correctly pointed out is a time limit now applies to what you do ..28 cal days+5 for service , so call it 30...the options are:   i. pay £257 within that timescale and it has zero effects going forward. this is the only way to ensure it is totally closed and erased. ii. let that time expire and live with the multitude of other issues it will have, as well as possible enforcement, bailiffs are explained above, there are also others enforcement options, but we've never seen them used in a Speculative invoice judgement to date. iii. set aside - cost £255 - no guarantee of success.   more on set aside.... there typically 2 criteria that need to be met to raise a set aside  1. a beyond reasonable doubt cause that explains why the defendant did not physically get the claimform i'e the claimant sent it to an old address when the correct address was already notified in writing prior to it's issuance or an admin error by the court etc etc. ignorance, by the defendant in doing the above if moved or of the actual form is ...not such.   2. a basic defence as to why the defendant does not owe the sum explained by the claimforms particulars of claim.   as it stands... 1, we are already sadly on dodgy ground..we don't know, neither does the judge, where it's gone, it's service address has proved correct, it's not what happened agree..but for all the judge would know .. the defendant could have simply ignored it. a big hurdle without answer....wheres that claimform?..   2. a basic defence, there is probably more worth in arguing the claimed sum contains for want of a differing term 'unicorn food tax' sums which are not allowed, thus thus is wrong... than going down the route of ...the invoice was issued in an area that is governed by xxxx, in that i mean, byelaws, road traffic laws etc etc..those are all 'paperwork' issues and are somewhat trumped by the default judgement, much like no signed credit agreement exists, in consumer debt default judgements.   my musings   the choice is the op's...the deadline is 28th....              
    • Thank you for the replies all.   Yes March 2020, apologies for that error.   I can take it or leave it with the membership, plenty of other spots around. If it means burning bridges to get what is owed, then so be it.   However, also happy to pay for membership when I have used it. I have stated this in an e-mail to their management. Fair's fair, however their refusal to refund OR transfer over extra payments from one franchise to another is not.   Particularly as they operate as one fitness group, with a centralised payment system, website, same branding, and the ability to access any site, worldwide! 
    • No apology necessary   If you had to work from home at all due to Covid, you can claim the extra tax allowance.   Follow the link posted above in post #2 and it takes you through the process.   Please update to let us know if you get your tax code updated for this.
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    • Hi LX and welcome to CAG   Please confirm, have you signed anything before or after the relationship break-up confirming agreement to any DL m/ship terms ?   Forget calling them about this and, if they call you, just say, "I'll deal with this in writing only." and hang up. You don't need to discuss this with them and doing so will get you nowhere.   We also don't agree with their need for 3 month's notice and always tell folk to challenge this. But in your case, this is irrelevant.   We can help you with a letter in due course.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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wycombemariner V Yorkshire bank ***WON***


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Recieved my 6 years worth of statmnets yesterday, gonna start the trwawl through them tonight, with highlighter pen ready.

 

Just had to call bank to say that there is Mar 2000 - through to - Oct 2001 Missing as well as Statement for April 2003 - was assured these would be with me in 5 working days. Reminded them that next wednesday is the 40 day limit and intrst will be claimed/charged if i don't have complete set of statments in my hand by close of business Wed 10th May

Up The Mariners

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Good luck, and keep us all posted :-)

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Good luck with it! Yorkshire bank are going to be hit by quite a few claims all at the same time.... shame lol

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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  • 2 weeks later...

Well tomorrow is they're 14 days done with so they'd better get on the case sharpish!

 

Been told that its the branch manager dealing with it, who aboslutly hates me due to the amount of complaints i've made about her attitude and customer service, oh well if she makes life difficult then its an extra 8% intrest i suppose!

 

 

Que Sara sara whatever will be will be, we're going to cardiff que sara sara

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Right letter arrived today from branch manager stating that:

 

Charges were in accordance with terms & Conditions

 

I knew the terms and conditions of using the account and that

 

Therefore the charges stand and they will not be refunded.

 

Do i send another letter giving a further 7 days to pay? Or go straight to court? if i send a letter what do i say?

 

Sorry i know they're in the libary but i'm having trouble finding what to do if they point blank refuse a refund

Up The Mariners

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Have recieved 6 years statments after paying £10 - then sent letter stating amount of charges owed to me, and gave 14 days for a refund:

 

 

A letter arrived today from branch manager stating that:

 

Charges were in accordance with terms & Conditions

 

I knew the terms and conditions of using the account and that therefore the charges stand and they will not be refunded.

 

Do i send another letter giving a further 7 days to pay (I did say i would do this if they didn't respond satisfactorily within the first 14 day limit)?

 

if i send a letter what do i say?

 

Or go straight to court?

 

Sorry i know they're in the libary but i'm having trouble finding what to do if they point blank refuse a refund

Up The Mariners

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Hi,

 

You sound like you have not read all the FAQ's yet, you need to go back and take a look as these questions are answered there.

 

In short wait 14 days until the prelim is up then send the LBA and wait anotehr 14 days!

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I have looked in FAQ's, thats why i stated i'd looked in the libary but can't find the answer, sorry if it wasn't clear, my fault!

 

anyway. They have refused to pay me a refund after taking the full 14 days to get back to me. I said in the letter asking for refund

 

"If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 7 days in which to reflect. "

 

 

what i want to know is what do i say in this next letter that gives them a further 7 days? please?

Up The Mariners

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forget about the branch manager

 

send your initial approach for repayment to

 

Yorkshire Bank

c/o Clydesdale Bank Customer Relations

3 Vincent Place

Glasgow

G1 2HL

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Right letter arrived today from branch manager stating that:

 

Charges were in accordance with terms & Conditions

 

I knew the terms and conditions of using the account and that

 

Therefore the charges stand and they will not be refunded.

 

Do i send another letter giving a further 7 days to pay? Or go straight to court? if i send a letter what do i say?

 

Sorry i know they're in the libary but i'm having trouble finding what to do if they point blank refuse a refund

 

Calm down hun, it's not a prob.

 

You have to give them another chance before taking them to court even if they refuse point blank your 1st request (says so at the bottom of your 1st letter right? "If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect").

 

You're at exactly the same stage as me & I'm just about to go & get the 2nd letter now from the library. If you PM me your email addy I'll send you the letter template in word format.

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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ok - have given them a further 7 days to pay the refund. That letter was handed to banch manager yesterday.

 

Today i sent a copy of ALL correspondance between me and branch manager, to neil McKirdy at Headoffice. he now has 7 days to get back to me offering full refund, otherwise i file a claim!

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  • 3 weeks later...

Neil McKirdy has replied to my last letter:

 

Basically they ignore my use of the words unlawful, and decided that i'm only speaking about one charge form 2004.

 

They've basically ignored every thing i've said, and have told me at the end of the letter that this matter is now closed as far as the bank is concerned!

 

Just called them and they can't acknowledge that thye've ignored my points, so I have informed tham that I will be submitting a claim to the small claims court this week without fail

Up The Mariners

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YB are going to be busy with court claims this week. Good luck.;)

 

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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watching this with interest :)

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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  • 1 month later...

Right then, due to circumstances beyond my control i've had to wait a couple of weeks before filing my claim with the courts.

 

Gonna be doing that this week.

 

Anyone near High Wycombe Bucks, that has already got this far and could help with the court forms?

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Paid my £120 court fee yesterday. Recieved Court papers through post today saying that notice will be served today (classed as tomorrow) for the courts sake?). So now, i sit back and wait!

 

Claiming £2575 including court fee's and interest

Up The Mariners

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they have from 14 days of it being deemed served to acknowlegde - it should state the actual date on your court papers

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Get ready for a laugh if the response is anything like mine.

 

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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Mine was acknowledged the day after it was served (10/07) but I haven't received YB's defence yet - how long did it take for the ones that have had a defence? Trunny, PJ?

 

They aren't treating every claim the same, they didn't even acknowledge Dans claim! Maybe it slipped through the net with the sudden influx of cases, don't you feel sorry for them - NOT!! :D

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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I took my claim form into the court on 25/5, the claim was issued 2/6, sent to bank 6/6 and was deemed as served on 8/6, I received their defence 30/6 and got the Allocation Questionnaire through about the 8/7. I suppose it gives you a rough idea of timescales, but they all seem to have varied slightly on the response time.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Hi Pudsey

 

I'm just about to embark on my second letter quoting the amount I'm claiming, together with a breakdown of how I arrived at the claim figure. I am somewhat apprehensive about this whole thing but I'm going to go through with it, hopefully with support from some of you who have already been down this route.

Have you been successful cos I note that your last message was back in March?

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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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