Faz v Yorkshire Bank ***WON***

[westwell]

Thanks Caro

[westwell]

Sent my letter to YB solicitors giving them 7 days to send my cheque so the times up this friday.

I didn't recieve an AQ because it says the court is dispensing with it so I just sent the draft order of directions to my local court with a covering letter from the templates library. I hope I am right so far?

[westwell]

7 days was up today and no cheque!! I spoke to my local court today and they advised me to write to the courts saying I was offered a full settlement which I accepted providing it was in 7 days and that I had recieved nothing.

Is it worth writing to YB legal department or just await instruction from the court??

[RossD1968]

I was going to say Congratulations Faz, but it seems that YB cannot even manage a settlement well.

 

Seems I am at the same stage as you, AQ done away with and Draft directions sent. Still waiting to hear back from local court, so I look forward to hearing when you finally get your chq.

 

All the best

[westwell]

I will keep you posted thanks

[caro]

I suggest that it might be polite to send the legal department a copy of the draft directions, with a covering letter stating that you have sent this to the court as you have not been paid the agreed amount. You could remind them that as they did not settle you will now require interest to the date of settlement and then itemise it.

 

Charges as per original claim xxx.xx

Court costs xxx.xx

Interest from date of court claim to date xx.xx

Interest per day until date of settlement xxp

 

Work out how many days it is since your court claim and multiply it by the daily amount for the third figure.

[westwell]

Will do caro, thanks again

[caro]

I think the fact that you have tried to settle for a lesser amount shows the court that you are reasonable if it ever comes to that, which of course it won't.

[westwell]

All week I have been thinking that the cheque wouldn't arrive and I wasn't wrong.

[caro]

Friday usually seems to be the day cheques arrive. I don't know why they still have to delay now, and if the above will make any difference at all. Depends how far you want to dig your heels in.

[caro]

Westwell, I've just noticed you say on another thread that you have more charges, which I presume go back over 6 years. If so, can you confirm if the letter you signed said anything about full and final settlement on it please.

[westwell]

I gave them opportunity to settle so I am back on course and I want the full amount including all interest to date. I am going to send the letter to them you suggested with the draft order of directions and also write to my local court and advise them I had tried to settle but they didn't respond.

[caro]

I'm seeking some advice for you. Can you hang fire for now. I have some concerns as you have other charges you will want to claim later.

[westwell]

Hiya Caro

 

I used Michaels template letter thats in this thread and it just says settlement of this claim.

[zootscoot]

Hi Westwell,

 

If you proceed with a second claim which is made up of charges solely consisting of pre 6yrs charges there is a greater likelihood that it will be struck out. It would be safer to amend the present claim to include the old charges.

 

Zoot

[westwell]

Thanks zootscoot, The only problem is I haven't yet recieved all the statements showing the charges. If I amend the claim and add the charges I know about and I pay the £35 can I also claim that £35 back? Also do I need to write to the bank and the courts advising of the amendment or just submit the form?

[caro]

How long ago did you do your second SAR? Can I assume that it's over 40 days?

[westwell]

Hiya, it was dated 4/4/07 and so far I have only had one years statements 1994-1995 and the letter said the rest will follow in 5-10 days.

[caro]

Quote:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

Having re-read the letter you sent, then I agree, it is very clear that you were not accepting full and final settlement, and maybe this is why you didn't get a cheque. Zoot is far more of an expert on the law than me, but my feeling is that you should not accept a settlement unless you have some kind of acknowledgement from YB that they understand that this is not full and final settlement, as there are more charges outstanding from an earlier period. DO NOT BANK A SETTLEMENT CHEQUE WITHOUT THIS ACKNOWLEDGEMENT.

 

In theory you have a bit of time left before your SARs 40 days runs out, so in theory you should have the rest of the info soon, and then then amend your claim accordingly. I would be very inclined to add on the amendment charge to any settlement, as the bank can always argue over it in court if they disagree with it, and of course the S.A.R - (Subject Access Request) fee.

 

If they don't comply within 40 days then we can consider what to do in that event. Am I right in thinking that you don't have a court date yet?

[westwell]

No I have no court date yet, I spoke to the courts on friday and they told me that the case had been sent to the judge and just to await a letter.

 

Should I still write to YB as you suggested enclosing the draft order of directions?

[caro]

See what Zoot thinks.

[caro]

I suggest that it might be polite to send the legal department a copy of the draft directions, with a covering letter stating that you have sent this to the court as you have not been paid the agreed amount. You could remind them that as they did not settle you will now require interest to the date of settlement and then itemise it.

 

Charges as per original claim xxx.xx

Court costs xxx.xx

Interest from date of court claim to date xx.xx

Interest per day until date of settlement xxp

 

Work out how many days it is since your court claim and multiply it by the daily amount for the third figure.

 

OK, I'm beginning to get my head round this now. I've just noticed Michaels letter says Without Prejudice on it, so the courts shouldn't see it anyway. I don't normally think that is necessary but I don't think it's a problem, except that it means the court won't see that you were willing to settle.

 

Add this to the letter.

 

I have sent a Subject Access Request under the Data Protection Act to Yorkshire Bank, and the 40 days the bank have to comply with this expire on (insert date), at which point I will be in a position to amend my claim to cover the full amount that I believe has been unlawfully charged.

 

Until I am in a position to do this, I reserve the right to make further claims for charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977, and will invoke s.32 (1) (b) of the Limitation Act 1980 if necessary. Acceptance of any settlement will only be accepted on this condition.

 

I would still like Zoot to confirm if this seems acceptable.

[westwell]

Thanks again caro your a star, I won't do anything until zoot confirms.

 

When I spoke to the court on friday I explained I had been offered a settlement and that I had given them 7 days and not recieved it. The lady advised me to put it down in writing to them. Do you think I should still do this? to show the court I have tried to settle.

[caro]

Yes I think so. Might be worth copying the letter to YB too for info, but again, see what Zoot suggests. I may be way off beam here which is why I want a legal eye to see it.

[zootscoot]

I have sent a Subject Access Request under the Data Protection Act to Yorkshire Bank, and the 40 days the bank have to comply with this expire on (insert date), at which point I will be in a position to amend my claim to cover the full amount that I believe has been unlawfully charged.

 

Until I am in a position to do this, I reserve the right to make further claims for charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977, and will invoke s.32 (1) (b) of the Limitation Act 1980 if necessary. Acceptance of any settlement will only be accepted on this condition.

 

Looks fine