Jump to content


  • Tweets

  • Posts

    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
  • Recommended Topics

  • Our picks

yb bank charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5162 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

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

have done i 'll start doing the mcol if i need help i'll let you know, probably will what will happen know when i file my claim how long have the bank got and what normally happens

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

hi again took your advice and nearly finished but something has bothered me my toatlcalim including the 8% interest is £4841.94,with the costs of £120 total claim would be £4961.94 if i add interest which i work out to be 86p per day please correct me if i am wrong!!!(not sure i have calculated corect as i am not claiming any overdraft interest) if the bank doesnt settle within about 40 days then my claim may go above the 5 grand threshold for the small claims what would i do then

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 3 weeks later...

just received a letter from yb solicitors saying that they are not willing to refund charges and offer £200 in full and final settlement attached an acceptance form

what do i do with this obviously im not accepting just them to court today as not had the money before now

should i just not reply yo this letter and continue with court

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 3 weeks later...

Usually they have 28 days from acknowledgement of service to subit a defence. I have just had that happen - they waited until 3 days before end of 28 day limit. I have been told that I just wait to hear from court and I will be send an Allocation Questionnaire which I will have to fill in and return so that a hearing date can be set. Not looking forward to it - despite re-assurances that YB are notoriously bad in settling until they are pushed into a corner.

 

Have a read through some of the success stories - they will cheer you up and give you some good ideas for how to prepare. They will also help you realise you are not alone in dealing with these barstewards. If it hadn't been for this site and the fact YB owe me almost £7000 I think I would have given up.

 

Keep going - it will be worth it and think of all that money in your account and the fact that you have stuck two fingers up at YB

Link to post
Share on other sites

Yeah - I was almost tempted to give up when I had to decide whether or not to go to court but they owe me too much. What decided it for me was the strange transactions that I noticed on my statements whilst trawling through for the charges - like a £32,000 loan that I have never had.

 

Keep me posted - from all the stories I have read YB are the worst for leaving things til 11th hour - including making full payments less than 30 minutes before court hearing.

 

Just concentrate on the fact that if they have to go to court they will have to reveal the true cost of their service and they are trying to avoid this at all costs because it is nothing like the penalties they inflict on us for being overdrawn.

 

Keep going and keep posting.

Link to post
Share on other sites

  • 2 weeks later...

still not heard anything just a letter from yb stating that from now on thier solicitors will be sending all correspondence

just so i have it reight they have 28 days from day of service which is 5 days from date of issue 30th may

the date of service is 5th june so that would make it the 3rd of july they have till

when this is do i do nothing and just wait to hear form the court

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 1 month later...

hi not been on for a while jost got married 2 weeks ago been very busy

nothing seems to be happening with my claim the last i have heard is about 2-3 weeks ago the bank sent a defence to the court saying they were defending all the claim and a copy of there defence

a week later i got the same thing from the court with a letter saying that there were 2 options but but ii thought the next step would be the AQ but i have not heard anything

no having seen the news and read the paper about this test are all claims going to be put on hold until this has been done

anybodys help please getting quite stressed out with this it will be just my luck that they'll decide no one can have any more charges back

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Congratulations cabsi - did it myself two months ago after living with toyboy for 19 years - he's not much of a toyboy now but he'll do.

 

Take heart - I am in court on 12th September - AQ dispensed with and have only been allocated only 15 minutes for hearing. Was worried about this but Caro says it may be because courts are now getting wise to YB's stalling tactics and not having it anymore so are cutting down opportunities for them to stall any longer and only giving short hearing times as they are not turning up to defend themselves in court so court won't waste hearing time on them any more.

 

Hopefully this is correct. Haven't heard how test case went today so result of that may give us better idea of how cases will go in future.

 

Keep going - we will win - they owe us and have done for a long time.

 

Jenni

Link to post
Share on other sites

cheers just been reading on abbey website and it say it could take upto a yearand also that banks maybe able to put claims on hold until resolved

do you mean that they no longer bother with the AQ

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Seems to be growing trend to do away with AQ's - seems to be a way of saving courts time.

 

reading threads on this site - would appear to be a current trend as there are now links to site saying what to do if AQ is dispensed with and how to proceed.

 

Not sure what will happen with test case - apparently could take a year before there is any decision and it only seems to be about whether or not banks should disclose their real charges.

 

Am hoping that banks will not be able to get a stay of judgement until test case decision.

 

Could do with my £7000+ back now.:(

Link to post
Share on other sites

do you think i shouldcontact the court as i have heard absolutley nothing from them. one of my mates who is claiming has also heard that with this test case goingon somepeople are contacting their banks direct and some are settling or making decent offers. wether this is true or not i dont know. on one of the other threads i ve been following from lloyds they had a court date and called lloyds direct and they settled in full over the phone intrest costs and extra

maybe worth a try

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

yeah so ive heard trust me to have one of the most difficult banks.

dont know how they can even begin to think that they can justify their charges £35 for returning something then £8 a day and the a further £25 each month how could anyone believ it costs this much to return a cheque or dd. i might try and contact them but like you say probably get ignored anyway

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...