Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Richie v Yorkshire Bank


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6051 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes it's fine.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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.

Link to post
Share on other sites

  • Replies 163
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well Guys,

Today was the day.

 

I have submitted my claim to my local courts.

 

Total Claim now stands at: £4847.77.

 

Fingers crossed.

 

Can anyone please tell me the type of time scale I can now expect for corrospodance from YB?

 

What will happen next?

 

When will I fill an allocation questionair in?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

From here you can expect to wait around 33 days for YB to submit their defence.

 

The court allows 5 days for your claim to be deemed served, then the defendant is given 14 days to acknowledge the claim. Once acknowledged they will then receive a further 14 days to submit their defence ( this is usually done right at the last minute).

 

The allocation Questionaire (if you get one) will be sent to you after this period is over.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

Link to post
Share on other sites

From here you can expect to wait around 33 days for YB to submit their defence.

 

The court allows 5 days for your claim to be deemed served, then the defendant is given 14 days to acknowledge the claim. Once acknowledged they will then receive a further 14 days to submit their defence ( this is usually done right at the last minute).

 

The allocation Questionaire (if you get one) will be sent to you after this period is over.

 

 

I see so a new waiting game now LOL

 

I am exctited rather than aprehensive. Its going to be great to see how YB react.

 

Fingers Crossed

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Yes it does get rather exciting the closer you get to the finish line!!:)

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

Link to post
Share on other sites

UP Date:

 

Hi guys received a copy of the claim from the courts along with a letter / statement.

 

Explaining how long the process should take, i.e how long YB have to repsond how long they have to submit a defence etc.

 

What I should do if there is no response from YB i.e Submittng a judgement against them.

 

Does this type of thing sound the norm?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Hi Guys further to my other post here is a copy of the paperwork I got additional to my claim form:

 

 

 

Do I need to do anything with it?

 

Or is it for later? If they dont turn up or respond etc?

 

Cheers

Rich :)

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Hi Guys,

 

Is there anything else I need to do?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Guy the 2nd of July has passed and I have not heard anything from the Courts as to whether or not YB have acknowledged the claim etc.

 

What Should I do?

 

I have spoke to the court and they have stated there is a back log of cases etc and I should still submit the judgement and when the get to the acknolwegment they will date stamp it etc and the judgement wont be filled.

 

that is as long as YB have acknowleged the claim issue etc.

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Do as the court say. That seems fine. I suspect that YB will acknowledge, and defend, or if not apply for judgment to be set aside, but it's worth submitting the judgment anyway.

 

I think that you should remove your personal details from the document that you've posted above.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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.

Link to post
Share on other sites

Do as the court say. That seems fine. I suspect that YB will acknowledge, and defend, or if not apply for judgment to be set aside, but it's worth submitting the judgment anyway.

 

I think that you should remove your personal details from the document that you've posted above.

 

Caro,

Many Thanks

 

Removed form

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Hi Guys,

Received a letter from YB, stating they still stick to their guns over the charges and that they are now aware I have submitted a claim against them.

They have stated that all further correspondence will be made via their legal department.

Is this the norm?

What do I do now?

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

What sort of time scale can i expect now relating my claim?

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Guy,

 

I have just recieved a defence from YB.

 

It all seems a little complex.

 

The basics of it state they are in the right for charging what they have.

 

Is there anything in particular I should be loooking for within the defence statement?

 

Cheers

Richard

 

:confused:

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

* Should I post the defence on here? *

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

You could if you like, but I suspect it's the standard defence that they are in the right, you agreed a contract with them, agreed to the T&C's, and they've provided a service.

 

Wait to hear from the court to see if you need to submit an AQ or if it will be dispensed with, and read up on the next stages.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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.

Link to post
Share on other sites

Roger that,

 

I have just spoke with the court and they anticipate a court date of October at the earliest.

 

Apparently there is a back log of cases.

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

  • 2 weeks later...

UPDATE:

Hi guys received an allocation questionaire to fill in, and also it states I have to pay another lump of money £100 to continue with the proceedings.

 

Is this correct?

 

Cheers

Richard

:(

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

It is Richie I'm afraid, but you will get it back when you get settlement.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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.

Link to post
Share on other sites

Hi Guys, not sure what I should put in here im a little confused by the Notes for guidance from the site.

 

What do I write in this box?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

Draft order of Directions

 

What is this for, im a little worried as it states that I have to provide a load of documents to the court within 14 days?

 

Can someone explain?

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

This is the info you need for completing the AQ.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90317

 

The draft order for directions is a document that you are sending with the AQ. It is for the judge to look at and consider if he wants to use them or not. If he does, you and YB will both get an order from the court telling you what to do. The judge may use all of the draft directions, just some, or none.

 

If you get the order from the judge, THEN you will need to send the documents he asks for. It is basically the court bundle and info about your case which you would need 14 days before court anyway. The idea is to just speed things up a bit so you get your money quicker.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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.

Link to post
Share on other sites

Caro, cheers

 

Do you think that the way things are gonig payouts will continue?

 

Im not clear on all the OFT buisness etc?

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...