Richie v Yorkshire Bank

[weewizard69]

Hi guys,

 

Well as i have not had the money to place a small claims I have had to wait.

 

HOWEVER,

 

I recevied a letter offering a sum of £200 in a letter from Jeremy Sutcliffe & Co Solicitors. They state I have 10 days in which to agree etc.

 

Of course I am not going to agree, who shouls I send a decline letter to?

 

 

ALSO am I stioll okay to go ahead with the small claim etc?

 

 

Any advice greatly appreciated.

 

Cheers

Richard

[caro]

Reply to wherever the offer came from and carry on as per your timetable, or when you can afford to do it.

[weewizard69]

Reply to wherever the offer came from and carry on as per your timetable, or when you can afford to do it.

 

hey Caro,

Please can you tell me which letter I should you use to decline this " ex gracia payment".

 

Cheers

Richard

 

Im gunna get these suckers !!

[sajabu2003]

I'd use letter number 3. Just take out the bit about returning the cheque

 

Sarah.

[weewizard69]

I'd use letter number 3. Just take out the bit about returning the cheque

 

Sarah.

 

Hey Sarah,

Even though this stupid offer came from the solicitors? Should I change it to suit the solicitors details?

 

Cheers

Richard

[sajabu2003]

I'd be inclined to send a copy to both to be on the safe side. Up to you though.

 

Sarah.

[weewizard69]

Hi Guys,

 

Okay ready to submit my forms and claim to my local courts.

 

A couple of questions regarding the N1 form and what values go where.

 

I have the following information for the complex bank charge spreadsheet:

 

PENALTY CHARGED: £3867

8% ON PENALTIES: £769.11

INTEREST ON PENALTIES: £65.84

8% ON INTEREST ON PENALTIES: £19.79

 

Now the question:

 

What from above to I put into here, Could someone fill in the blanks for me from the values of my calculations?

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

............

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

 

 

 

Cheers

Richard

[weewizard69]

Hi Guys,

 

Okay ready to submit my forms and claim to my local courts.

 

A couple of questions regarding the N1 form and what values go where.

 

I have the following information for the complex bank charge spreadsheet:

 

PENALTY CHARGED: £3867

8% ON PENALTIES: £769.11

INTEREST ON PENALTIES: £65.84

8% ON INTEREST ON PENALTIES: £19.79

 

Now the question:

 

What from above to I put into here, Could someone fill in the blanks for me from the values of my calculations?

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

............

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

 

 

 

Cheers

Richard

[Trish76]

Charges £xxx.xx = £3867

Overdraft Interest £xxx.xx = £65.84

Interest under s.69 County Courts Act 1984 £xxx.xx = £788.90

Court Fee £xx.xx = £120

 

TOTAL £ xx.xx = £4841.74

[weewizard69]

Charges £xxx.xx = £3867

Overdraft Interest £xxx.xx = £65.84

Interest under s.69 County Courts Act 1984 £xxx.xx = £788.90

Court Fee £xx.xx = £120

 

TOTAL £ xx.xx = £4841.74

 

Cheers Trish

Can you help with:

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

............

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

 

Cheers

Richard

[Trish76]

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

0.85 per day

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

The amount to enter here will be the the two totals for you Section 69 interest totals from the date of the first charge to the date you actually submit your claim through the court.

 

The daily rate remains the same (0.85 per day)

[weewizard69]

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

Okay guys, my first date of the claim is 06/09/2002 and the 11/06/2007 is the date Im going to submit my claim.

 

What do I put in above, based on the info you can see In this Thread.

 

Please any advice needed asap.

 

Regards

Richard

[weewizard69]

Please anyone, its only a small area that needs clarifying,

 

cheers

Richard

[Trish76]

Firstly, I'm assuming you've entered all your charge details into one of the spreadsheets. The spreadsheet calculates the 8% interest on each charge from the date it was applied to the account. You will then get a total figure for your Section 69 interest, this figure will increase each day that passes so make sure you have the correct figure for the date of filing your claim. We'll call this total X.

 

Therefore:

 

[date when the money became owed to you] This will be 06/09/2002

 

[the date you are issuing the claim] This will be the actual date you file your claim through the courts.

 

[amount] This will be figure X

 

[enter the daily rate of interest] This will be the daily rate of £0.85

 

Hope this clarifies what you need.

[weewizard69]

Hi Guys,

Should i use the following registered address?:

 

Clydesdale Bank PLC

Registered in Scotland 9Number SC001111)

Registered Office:

30 St Vincent Place

Glasgow G1 2HL

 

Cheers

Richard

[Trish76]

Yes that is the correct address for serving your claim.

[weewizard69]

Firstly, I'm assuming you've entered all your charge details into one of the spreadsheets. The spreadsheet calculates the 8% interest on each charge from the date it was applied to the account. You will then get a total figure for your Section 69 interest, this figure will increase each day that passes so make sure you have the correct figure for the date of filing your claim. We'll call this total X.

 

Therefore:

 

[date when the money became owed to you] This will be 06/09/2002

 

[the date you are issuing the claim] This will be the actual date you file your claim through the courts.

 

[amount] This will be figure X

 

[enter the daily rate of interest] This will be the daily rate of £0.85

 

Hope this clarifies what you need.

 

okay so on my spreadsheet i have a start date of: 06/09/2002

and a end date / last calc date of: 22/03/2007

 

along with all charges and interest

 

what about dates after this? or am, i claiming for just this range ?

 

cheers

rich

[Trish76]

The 8% total will be the total as of the date you file. The interest is not the total as of the last charge date as the interest is generated on a daily basis so will have increased between your last charge date and filing date. If you've entered all the details into the Spreadsheet then this will have been accounted for so all you need are the totals as stated on your schedule.

The daily rate rate of £0.85 will then continue from filing date to settlement date.

[weewizard69]

ah i get you, i understand the spreadsheet changes the interest based on the current day etc. so to get a final charge it has to be opened etc on the day of submission then to get a final final charge this is determinedwhen the case is closed on payout / settlement figure.

 

sort of lol

[weewizard69]

 

Please can you tell me if I fill this part of the form in?

 

Cheers

[Trish76]

ah i get you, i understand the spreadsheet changes the interest based on the current day etc. so to get a final charge it has to be opened etc on the day of submission then to get a final final charge this is determinedwhen the case is closed on payout / settlement figure.

 

sort of lol

 

Yes you seem to have got it. As you will need this schedule again later on in the claim it's probably a good idea to print out a few copies on filing date. The other option would be that if you need the correct figures in the future you could just alter the date settings on your pc, this will adjust all the interest totals.

 

 

Please can you tell me if I fill this part of the form in?

 

Cheers

 

Yes you need to fill in this part but obviously as you're not using a solicitor you can leave that part empty.

[caro]

Richie, I've merged your threads. Please stick to one, as once people subscribe to it they can continue to help. If you haven't yet submitted your claim, please don't send it to the Scottish address as I fear it may be moved to a Scottish court.

 

If it isn't too late, use your branch address.

[weewizard69]

Richie, I've merged your threads. Please stick to one, as once people subscribe to it they can continue to help. If you haven't yet submitted your claim, please don't send it to the Scottish address as I fear it may be moved to a Scottish court.

 

If it isn't too late, use your branch address.

 

Okay so for the registered address (scotland)?

 

but for the defendant name and address use my local bank (stockton on tees)?

 

is this correct?

[caro]

I'd just use your local branch address to be on the safe side. Keep Scotland out of it for now.

[weewizard69]

I'd just use your local branch address to be on the safe side. Keep Scotland out of it for now.

 

 

Really?

So my local branch will be okay for the registered address?

 

Cheers