Business Accounts ***WON***

[LizzyBee]

Hi Caro

 

yes I was told that when I submitted the AQ, of course we also have the Easter break to contend with. Still waited this long so a fer more days wont hurt. I will update as soon as I hear anything.

 

Lizzy

[JulesTools]

Hi Again Lizzy

 

Just dicovered the direct number for "Little Miss Sunshine" so if you need to call her at anytime it is 0141 242 4496 .Thanks to debt_mountain for the number.

 

Jules

[photoman]

Hi lizzy,

Just come across your thread here. Notice it's for a business claim (and you also seem to be doing admirably well).

Several of us Business claimants have started a thread dedicated to Business claims. A way of keeping each other informed of the various do's and don't of business claims. You seem to be quite advanced along with your claim, so perhaps a little late for you to learn too much from this at this point (not that I think you need to, as you seem to have taken all the right steps anyway)

Do come and join the thread anyway, as you may have some knowledge and experiences that you can share around with others.

Best regards

Photoman

PS: the link has hopefully appeared in my sig, otherwise I'll post it.

[LizzyBee]

Update.

 

I have received an offer from Yorkshire for, can you believe it, LESS than 50% of the claim. They have also indicated that they wish to try mediation and have asked for a stay until 22/05/07.

 

The last paragraph states 'This offer will remain open for 7 days from todays date. This offer is made on an open basis. If it is not accepted, it will be drawn to the court's attention on the question of costs and your clients' unreasonableness in proceeding with the claim. We look forward to hearing from you (I bet they are, but they won't be hearing what they want to hear).

 

It is now my intention to open dialoque with them, in writing of course. I will be interested to hear how they came up with the amount they have offered.

 

I will be pointing out to them things like claiming beyond 6 years etc and that we are if necessary prepared to see the claim through to it's full conclusion.

 

Any comments anyone may have would be appreciated.

 

 

Lizzy

[zootscoot]

Hi Lizzy,

 

bit of a slap in the face that one! Very insulting to offer less than 50%. I would be tempted to up the stakes. YB are putting on a front of business as usual following Whistleblower. But in reality they are running scared. Be firm and keep the pressure on.

 

All the best

 

Zoot

[LizzyBee]

caro, I have picked up a post you made in the following thread http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/51327-my-mum-2-yorkshire.html?highlight=debit+under+advice

 

quote: 'I had some debits under advice that I'm claiming for. They let some payments through which I don't think had anything to do with cheques, and I'm sure I didn't lose or have anything stolen, so I have claimed them. Also, I have now had YB's own version of what they charged me and they have included them. Can you tell me did they repay all of these amounts.

Could you please clarify the following for me, quote: 'Also when you complete your court claim and add on the 8% statutory interest, you can claim interest on the interest you are claiming, and if it goes back a long way that's worth having too'.

 

Thanx

 

Lizzy

[LizzyBee]

I Will be sending the following to Miss Ross tomorrow unless anyone can make any suggestions or alterations.

Dear Ms Ross,

Account No: XXXXX

 

I refer to your letter of 10/04/07, regarding the above account.

I am writing this letter to you in good faith and as an indication of my willingness to enter into dialogue with you in an effort to bring this matter to a satisfactory conclusion.

This is not an indication that I am willing to accept your offer but merely an opportunity for some clarification and compromise on both sides.

In your recent communication you have made me an offer of £xxxx, I would be most interested to know how you have arrived at this figure and would very much appreciate a schedule listing the charges that your offer covers.

I was disappointed that you have not offered any interest on the charges particularly as there are some things which I have not claimed for i.e. hourly rate of £9.25 whilst compiling the claim, making a claim for charges prior to 6 six years which I now know I can do. Also the fact that I have only claimed statutory 8% interest and not contractual which would be significantly more.

I do not feel that your offer fully reflects the strain, anxiety and pressure that I was put under by your bank making these penalties despite speaking to my Branch Manager when I faced financial difficulty.

In view of the recent Whistle Blower programme and the revelations made regarding your banks operating practices in particular CYNtheSys I feel I have a very strong case and I am quite willing to see this matter through to its full conclusion through the courts unless you substantially increase the offer you have made.

 

 

 

Yours Faithfully

[zootscoot]

Looks good

[caro]

The advanced spreadsheet for bank charges in the bank templates library has extra columns, which take into account the debit interest on the charges. It may be worth your while to complete it and amend your claim.

[Guest Zooman]

lizzy, the letter refers to clients are you claiming this for someone else, and if yes are they paying you?

 

sorry to ask, but I need to for my piece of mind, I have no issue with people doing this BTW, I would just like to know where my help went to.

[sajabu2003]

Zooman if I remember right Lizzy is doing this on behalf of a friend of hers.

 

Sarah.

[LizzyBee]

Hi Zoo,

As I said right from the start this claim is for a close friend of mine and no he is not paying me. I owe him a big favour for helping me out in the past and saw this as a good way of paying him back.

 

 

Lizzy

[LizzyBee]

Update.

 

Following letter received from Ms Ross.

 

Without Prejudice save as to costs.

 

'Please find enclosed the Banks calculation which clarifies how the Bank came to its offer of £xxxxxx. The Bank is not prepared to increase this offer for the reasons set out below. Any application by you to amend your claim will be rigorously opposed by the Bank. The Bank is however, in the interests of reaching a commercial settlement, prepared to keep the offer open for acceptance to 30th April. The Bank believes this to be a fair offer in all circumstances.

 

As regards the further claims you believe you have:

 

1. A Claimant cannot charge for their time in bringing a claim. You therefore have no legal basis to claim for an hourly rate of £9.25 for time spent compiling the claim.

 

2. The Limitation Act 1980 provides that claims require to be brought within 6 years of the claim arising, otherwise the claim is barred.

 

3. It is for Claimants to bring whatever claim they believe they have. You have chosen to claim interest at the statutory rate and not the contractual rate. In any event, the Bank is not prepared to make any offer towards your claim for interest on the basis that interest is awarded at the courts discretion and the Bank does not believe the court would award interest in the circumstances of this case. The charges were incurred solely as a result of the manner in which you chose to run your account. The offer to refund them is made only on an ex gratia basis.

 

If you wish to acept please sign and return the enclosed duplicate of this letter, and the Notice of Discontinuance which the Bank will hold as undelivered until payment of the settlement sum has been made to you. Thereafter the Bank will lodge the Notice with the Court.

 

This letter is written only in an attempt to resolve this case without the need to incur further court time. it is therefore without prejudice to the Bank's whole rights and pleas and may not be referred to without the Bank's written consent. Please note however, that should this offer not be accepted by you, the Bank will refer the Court to this letter when deciding the costs to be awarded in the case.'

 

 

I would appreciate any comments anyone may have. I am currently checking the Bank's list of charges against the claim and will post my findings when this is complete.

 

 

Lizzy

[caro]

Have you suggested that you might amend your claim?

 

1. If your claim is allocated to fast or multi-track, ie is over £5,000 you can claim costs.

 

2. I assume you have quoted section 32 of the limitations act which covers this item.

 

3. Are they suggesting you should have claimed contractual interest? Whatever they think interest is at the courts discretion, and it is not for the bank to second guess what the court might or might no do.

 

Usual intimidatory stuff to try and fob you off. I suggest you write back and say thanks but no thanks.

[LizzyBee]

caro, could you please clarify about claiming for 'Debit Under Advice' as they have not allowed these on my claim.

 

Thank You

 

Lizzy

[caro]

I claimed them and got them. I believe it was where they paid items, even if money was not available. They also omitted the overdraft interest that I claimed on their schedule but I got that too.

 

They can always let the judge decide.

[LizzyBee]

Hi - Following letter will be sent to Ms Ross unles someone edits .

 

 

I refer to your letter of 18/04/07, regarding the above claim the contents of which have been noted. In my continuing effort to reach an amicable solution to my claim I would like to point out the following.

1. s.32 of the Limitations Act will allow me to claim pre 6 years on the basis that the Whistleblower disclosures show that there has been concealment.

2. A Claimant can charge for their time in bringing a claim if it is allocated to fast track. As I had to complete a N150 AQ I strongly suspect that this claim will go that route.

3. As previously stated I do concede that there are some things I cannot claim. However, I am at a loss as to why you have not included ‘Debit Under Advice’ amounts in your offer, particularly as you have paid them to other claimants. Claim No. 6Q240257 In the Warwick County Court in January 2007 to name but one. Your inconsistency is both misleading and confusing.

Taking all the above into account, I would again ask you to review your offer. I now feel that I have given you every opportunity to reach a fair settlement in regard to this claim therefore if your reply does not reflect this I shall cease correspondence with you and continue with my claim through the courts. I will issue an N244 and will also be making an application to remove the stay, and pointing out to the court that as you have never actually taken a case through the courts you are simply using this as a delaying tactic. I would also respectfully remind you that the interest element as increasing by the day and you will of course be eligible to pay this when I win my case.

 

 

Would appreciate any comments.

 

Thanx

 

Lizzy

[caro]

The claim number was 6QZ40257, and there were 20 debits under advice paid totalling £654.00.

 

I have some comments about this which I'd rather not post here, and possibly some additions. I'd also be interested in Zoots and others comments on this.

 

I'll get back to you later if that's ok, but if you want to make contact in the meantime email [email protected]

[LizzyBee]

Following letter sent to Ms Ross on 27 April;

 

I refer to your letter of 18/04/07, regarding the above claim the contents of which have been noted.

Your schedule of charges has indicated that ‘Debit Under Advice’ is not claimable when I know that you have repaid these to other claimants, case no 6QZ40257 in the Warwick County Court to name but one.

As your offer is inconsistent and your comments somewhat confusing it is now my intention to issue an N244 and let the courts decide on the outcome. In view of the CYNthesys revelations I have no doubt that the court will find in my favour.

May I also point out that in your letter of 10 April 2007 you indicated that a copy of your allocation questionnaire was enclosed which, in fact it was not. Please therefore forward a copy at your earliest convenience.

 

 

Lizzy

[caro]

Is the N244 to add about CYNthesys to your claim?

[LizzyBee]

Hi caro,

 

No - the N244 is to change the amount of the claim.

 

Having received a copy of their charges schedule which they based their offer figure on there are some things I claimed for which I should not have.

 

That said there are some things i.e. the Debit Under Advice charges which they say I cant claim but I am leaving on. Also they have missed some charges altogether.

 

Lizzy

[caro]

What do they say you can't claim? Can you remind me what stage your claim is at? Has the case been stayed? If so, and you look at the court order you may find there is provision in that to amend the claim without the need for an N244.

[LizzyBee]

Hi caro,

 

There were some charges included on the original claim that I now know I should not have included. However in their offer they have not included 'Debit Under Advice' and they have also missed some charges altogether.

 

I have not had a court order for the stay but they have asked for one on the Mediation Scheme Reply Form. I refused mediation and gave my reasons for doing so. I have not heard anything from the court since I sent the AQ on3 April. I know they are very busy but do you think I should chase them to see what the state of play is?

 

I am not going to do the N244 yet as you never know I may get a positive response from my last letter.

 

Thanx

 

Lizzy

[caro]

I found it took about 5 weeks for the AQ to be looked at, which in my opinion is far too long. It's been 4 weeks now so I think it might be a good idea to give them a ring.

[LizzyBee]

Hello again, have been away for a while due to ill health, but back on track now.

 

Have had another offer from YB but they have still not included the 'Debit Under Advice' charges.

 

Phoned the court on Friday and they have had the directions back from the Judge which they say will be sent shortly. Have therefore decided to hold fire on the N244 until I see what the Judge's Directions are.

 

I have still not received a copy of YB's AQ, are they in breech of anything by not ending me a copy?

 

Would appreciate any comments.

 

By the way caro love the new avatar, what you got brewing in that coldron lol.