Offer from Yorkshire Bank- COUNTERCLAIM THREAT

[ab123uk]

THIS IS MY MUM & DAD's CLAIM for £790.00 (inc. Intereset @ 8%)

 

No parachute a/c.

 

 

Letter recieved today:

 

Dear ******

 

RE: CHARGES COMPLAINT

 

I refer to your letter dated 30th January 2007.

 

The Bank's position remains as outlined in our letter of 26th January 2007.

 

I would commentthat the responsibility to maintain your account in credit or where applicable within the agreed overdraft limit lies solely with you as the account holder. Charges have been incurred because you have presented direct debits/standing orders/cheques with no funds available to honour them. It is your spending habbits that take you overdrawn or over your agreed overdraft limit, and thus result in the bank incurring costs which were passed to you. The debit transaction applied to your account during this time outweighed the credits being applied.

 

The bank charges debited reflect the operation of the account, our charges are documented within our tarriffs and a copy would've been provided to you ata account opening and by time to time by way of statememnt insert. Furthermore, even if you were successful in your argument, the bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere to the terms & conditions of the Account. Such a claim would incur court costs and interest for which you would be held liable. However, the bank would like to resolve this matter without the disproportionate expense of court action. I therefore enclose a cheque for £345.00. this cheque is tendered without admission of liability is in full and final settlement of your claim and your encashment will be taken as your acceptance of this.

 

Please note that as this letter is written in an attempt tp resolve the matter without the need for court action it is without prejudice to the Bank's whole rights and please and may not be founded on in any action to follow without the banks written consent.

[caro]

Standard stuff. They did a counterclaim against me but it's months since I saw a thread where they have done this. Even if they carry out the thread, then you simply defend it. Standard YB scare tactics.

 

It is most important that you rip up the cheque and send it back with a rejection letter. If you cash it they will inform the court that it was offered in full and final settlement of your claim and encashment confirmed you accepted this, whatever you may write to them. They would stand a good chance of getting the rest of your claim struck out, so don't fall into their trap. YB are full of tricks so beware.

[Michael Browne]

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I would remind you that by insisting your part payment is in full and final settlement and not agreeing to my terms you are failing to mitigate your losses as the interest will continue to accrue on the full amount on a daily basis.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

[ab123uk]

So what would happen if they issue a counterclaim- are they successful normally?

 

Also, they have a £1000 overdraft on this a/c, which they would struggle to get elsewhere!

[caro]

They have never been successful with a counterclaim, because they drop it when they pay up. There is a chance that they may use the refund of charges to pay off the overdraft, although you could specifically ask for a cheque in payment.

 

Read other threads and you will see that what is happening here is perfectly usual for YB. They are no different to any other bank in that they will do or say anything in an attempt to stay out of court. If they want to counterclaim, they'll have to go to court and it just won't happen.