Swag Bag v Yorkshire bank.

[Swag Bag]

Hi everyone,

 

Not been on for a while... Hope you`re all well...

 

I received a reply from Yorkshire bank 13 days ago, this was in response to my LBA .... briefly as follows...

 

 

Re: Reopening your complaint

I refer to your recent letter and as requested I have reopened the complaint and a further review is being undertaken.

My understanding of the further issues you have raised are as follows:

• Initial complaint not fully investigated
  
• no refund of charges levied to the account

I hope to respond to your complaint shortly. I will write to you as soon as possible, once I have had the opportunity to review the above.

Please be assured that every effort is being made to bring your complaint to a satisfactory conclusion.

 

Just to confirm, is my next action to to issue a `court claim` through moneyclaim online..

 

Had a quick look at this site, and theres an eight step form to fill in,

one question was " what is the defendents address," would this be my local branch ?

 

Theres also a box to fill in at the end, saying ` particulars of claim .` Is there any standard reply for this and do i include my spread sheet with interest on at this stage..

 

Also, It may seem a silly question but how do i send, this filled in form ..

Do i print and send it, and where do i send it to......?

 

Or is there a form that you can pick up fill in and send off ( that may be easier for me )

 

Sorry if iv`e confused you, but i`m a bit stuck.....i`ve never done anything like this before......Hope someone can HELP me out here..

 

Cheers.......Swag Bag..

[moss]

Hi Swag,

Yes start a claim now, put your branch as defendant, There are POC's for the N1 and MCOL in the Bank Templates library,

I used the N1 and took it into court, there is more room on the N1 for the POC, you can download the form here. Her Majesty's Courts Service - Home

Good luck with your claim.

 

Moss.

[Swag Bag]

Hi, Thanks moss,

I ended up going to the local courts to pick up a N1 form.

It`s all complete and ready to take in with £120 court fee tomorrow.

 

Just to confirm, theres three identical claim forms to fill in ( one for me, the court and Yorkshire Bank ) along with this i attatch a POC with each claim form which i down loaded from the library, and also a copy of my spread sheets which now include 8% interest.

 

If all is correct then do Yorkshire Bank have 14 days to reply...

 

Think i`ve got it right, just need some reasurence, ....Thanks......Swag Bag

[moss]

I'd do 4 because i took 3 into court and they lost them, fortunatley i had saved a copy so took the 3 more in.

[Swag Bag]

Hello again,

You just got me wondering now moss, do i hand all three copies over to the court. I thought i would keep one for my reference.

 

Made an extra copy just in case ..

 

Cheers Swag Bag..

[moss]

Yes, you give three copies to the court, they stamp them with the court seal and send a copy back to you.

[Swag Bag]

Ok thanks moss, i understand now:) .

[Swag Bag]

Hello Every-one..

 

Just to update you on my claim....

 

Court papers were served on 5th april

 

Today i received two letters from the postman

 

Letter 1) FROM THE COURT STATING :- That acknowledgement of service has been filed. On the 5th April.

 

The defendant has responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence.

 

The acknowledement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents.

 

Clydesdale Bank

Legal services

PO Box 43

40 St Vincent Place

Glasgow

G1 2HL

 

Letter 2) FROM YORKSHIRE BANK.

 

Basically saying that the banks position is the same as before.

 

That they are aware that i have already logged POC with my local court which takes precedence over the banks complaint department.

 

If i am unhappy with the way that this has been handled or the outcome i can now complain to the Financial Ombudsman within six months from the date of the final response letter.......

 

and attatched with this is a leaflet about the Financial Ombudsmon.

 

 

Is this normal Yorkshire bank procedure, ( no offer yet )

 

and what must i do now....... :- Do they have 28 days from the 5th April to file a defence..

 

Is there anything i must do mean time ?

 

Thanks, you help would be gratefull......Swag Bag..

[moss]

Yes looks normal, they have 28days from the 5th April to submit a defence which they will leave to the last day or so, then the court will issue AQ's, so you could check out filling in the AQ and the proposed Draft Order and don't forget to include a request for disclosure of CYNtheSYS

[Swag Bag]

Hi moss,

 

Thanks for your guidence through this you`ve been a star,

Just a little question, you mentioned "don't forget to include a request for disclosure of CYNtheSYS"...........What is this ?

 

Thanks Swag......

[zootscoot]

See here:

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78681-clydesdale-yorkshire-northern-system.html

[Swag Bag]

Cheers for that zootscoot,

 

Just a quick question for any one.

 

I am claiming back charges from 2001 to 2007.. no problem there....

 

However i have held an account with Yorkshire bank from around 1981,

When i have finished this present battle and won . Can i claim for the previous 20 years ( will they still hold my statements after so long ).

This could be a big claim if i can get hold of them..

 

How far back can you claim ?.......Cheeres Swag...

[zootscoot]

Theoretically you could go back to 1981 but the chances of getting statements back that far are slim. Debt Mountain mangaged to get his statements from 1996.

 

The best thing would be to get the statements and add the charges on to the existing claim. It could be a little more difficult claiming if all your charges are pre-six years.

 

All the best

 

Zoot

[georgieboy]

Hi Moss just thought you may like to know you can always phone the court with your case number and ask what is needed for the next step - I found them very help full. Although this site has just about all the info you need and a load of great people...

[hilaryfrances]

hello there just checking up to see if you have had any news yet, Hilary

[Swag Bag]

Hi Hilary,

 

Nothing as yet, expecting it to stay like for a couple more weeks.

 

Good luck ..............Swag

[Swag Bag]

Hello everyone..

...... UPDATE.....

 

I have just recently received the defence papers from Yorkshire banks legal department signed by K. Ross ( dispute resolution solicitor ).

 

Of which a copy has also been sent to my local county court.

 

..........Two days later an " Allocation questionaire ( N149 )" arrived for me to fill in and send back by 21/5/2007. ( accompanied with £100 )

 

I`ve filled it all in bar Question G.. ( other information )

 

For this do i just copy the template for `draft order for directions ` obviously with my own details attatched to it ? On a seperate sheet of paper........and put "see attatched sheet" in the box provided for section G..

 

 

Also if this is correct, should i send a copy of this ( draft order ) to Yorkshire banks legal department or just let the court make the next move ?

 

 

......Thanks for any replys...... Swag Bag

[georgieboy]

Yes swag that is about right - I put in that the issue is only whether the money levied by the defendant in respect of the customers contractual breeches exceed their actuall costs. Add the template draft order and also ask in a note for the bank to be ordered to disclose CYNTHESYS..

GOOD LUCK................

[georgieboy]

I also sent copies of AQ and draft order to K Ross and a note to say I would also be seeking judgement for the return of the £100..

[Swag Bag]

Hello,

I`ve handed my AQ form into the local court, and sent Yorkshire banks legal team a copy of the draft order that i gave the court as well..

 

Just to confirm :- In the draft order which i sent.........it says as follows..

 

----------------------------------------------------------------------

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

A) I think i have this ( the schedule of charges plus 8% )

 

B) So must i now make photo copies of the sixty bank statments that i have...... another 60 for the courts and another 60 to send to YB.

 

C) What do i need to put for this ?

 

D) Is there any thing that i could copy to cover this ?

 

I don`t want to miss out at this stage now, the 14 days will be up by the end of the month...... Had no offer yet....should i expect one soon....how will YB play this ......

 

 

Sorry for all the questions, but theres almost £2000 of my money thats been taken hostage by YB and i want it back..

[moss]

Hi Swag Bag,

 

A. This is the same schedule you used for your prelim but now with the 8%

 

B. Yes

 

C. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html post 55 and don't forget CYNthesys

 

D. I used the basic court bundle

 

As to what YB will do next is any bodies guess !! the only thing you can be sure of is if you stick to your guns you will get what's yours

 

 

Bon voyage. Moss.

[Swag Bag]

Cheers Moss,

 

Thanks for your speedy reply.

 

I shall get on with this asap............ Swag Bag

[Swag Bag]

Hello every one..

 

A quick update...... :- This morning i have just received a photo copy from YB`S legal team of the allocation questionaire which they have also submitted to my local court to be placed on file....

 

The information that stands out to me

 

1) Settlement...... they have ticked the YES box, wanting this claim to be postponed for one month so they can try to settle by either by informal or discussion or by alternative dispute resolution..

 

2) They are calling 2 witnesses ( in total )

 

3) They attatched no fee when filing this AQ....

 

 

Any one else had the same response whilst at this stage ?

 

Sounds to me, that an offer could be on the horizon ( must be all )and that they`re keeping the costs down by not paying the £100 fee when filing the AQ ( because they know they`re going to lose )..

 

Or am i reading to much into it at this stage ?

 

Looking forward to your views ? moss, any body......

 

.........Cheers Swag...

[sajabu2003]

Exactly the same as the AQ I got. I don't think they have to pay the £100 because you started the claim.

[georgieboy]

Hi Swag

The AQ form from YB is a normal responce - the next step I think is a court date which may be sent in a couple of weeks. So now you need to look up the court bundle download and prepare for the next stage