Turt77 v Yorkshire bank **SETTLED**

[JMio]

Nice, very very nice.

[turt77]

I've checked my totals.

 

YB claim they have charged me £4094.00 and supplied another set of statements with the charges highlighted.

 

Some of them anyway.

 

Had a quick scan, and there are at least 16 that they've missed. I make it £4347.

 

In anyone is in a similar position, check and double check it.

[JMio]

Is that taking into account these variable service charges they have as well?

 

i.e. the ones charging you for being overdrawn the previous month?

[turt77]

Yeah.

 

They're not the ones they missed though. There are a couple of unpaid DD's that the missed and loads of £5/£6/£8 daily charges.

 

Just general sloppiness on their part

[turt77]

This is the letter Ive sent back to Kirstie Ross.

Without Prejudice

Thank you for your letter dated 25th July 2006, and the offer of £2000 to conclude this matter. Unfortunately I cannot accept the terms of your offer and intend to continue with the action to receive the full amount plus interests plus costs. I also will not give my consent to the application for permission to serve any counterclaim.

Thank you for the statements you have sent me which highlight your calculation of the charges you believe Yorkshire Bank have taken. Unfortunately, some of the charges were omitted. I enclose a revised, itemisation of the charges taken, and urge you to check this against the copy statements.

You will find that between April 2000 and May 2006, Yorkshire Bank levied charges totalling £4347.00 to my account.

Further to this, as Yorkshire Bank have had considerable time to consider this matter, I feel it appropriate to claim interest under section 69 of the Count Courts act 1984 at the rate of 8%apr for each of the offences totalling £1164.78 on 27th July 2006; a calculation of which you can find on the schedule enclosed. I also require the return of the £250 court fee and £100 court allocation questionnaire fee.

I thank you for your efforts to conclude this matter and look forward to a more meaningful offer.

Yours sincerely

[norvernrob]

Good stuff! Getting there - slowly

[caro]

I am wondering why you have put WITHOUT PREJUDICE on the letter. This means it cannot be shown in court and implies that there may be a reason for this. I don't see any reason why you would not feel able to be open with the court. The choice is yours but I would not bother, as YB can show that they made an offer, but there would not be a record for the court of a reply.

[turt77]

You're probably right, but it's plastered all over their offer to me.

 

Surely I'd be able to present this letter in court, or does that bar all parties from using it?

 

Just another example of the advantages company lawyers have over Joe Public.

[turt77]

I've checked it out (should have done before I wrote the letter) at best it's meaningless and at worst it looks a bit unprofessional.

 

Considering the blunders they're making though, I've a while before I catch them up!

[LS28.5]

£2000 offer today, quality.

 

They're on the ropes. Well done mate & good luck.

 

Has given me a great buzz after reading that. I'm at the LBA stage day 10!!!

 

I now know that there is light at the end of the tunnel!!

[turt77]

Cheers mate. Its a bloody long tunnel but its great when you can see daylight.

 

Stick at it.

[turt77]

Just when I could see light at the end of the tunnel.....

 

Had a letter from the court last week to say that YB are disputing the track that my case will be heard on. They're suggesting it should be multi-track, even though it's clear that net of interest and charges my claim is for less than £5000.

 

To make matters worse, the earliest date for an allocation hearing (just to decide the track, not the whole case) is the 28th SEPTEMBER!!!!!

 

Its taken me 4 months to get to this point and its going to be another 7 weeks before I can even get a court date.

[norvernrob]

I can't believe them, they will do absolutely anything to stretch every claim out for as long as possible.

 

We've certainly got the bank that fights dirtiest here!

 

I suggest you write to the judge and request that it be heard in the small claims court, as the case will take less than 1 hour. Also that the Bank will not turn up anyway, and make reference towards the hundreds of other cases settled before it reaches court. there's a template in the AQ section which you could borrow bits from.

[trundlecat]

They render me speachless. Kepp at em Turt, they can't dodge this for ever.

[turt77]

Cheers rob / TC

 

I'm going to send the following to the court tomorrow (monday).

 

Any suggestions for alterations?

 

Dear Sir / Madam,

 

 

 

Allocation Hearing on 28th September 2006.

 

I feel I must object to the judgement that there be a further delay in bringing this matter to a conclusion.

The claim was issued through the court on the 9th June 2006 and I believe that a sixteen week wait, simply to get a date for the case to be heard interferes with my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.”

I believe that Clydesdale Bank PLC’s request that the case be allocated to multi-track is a deliberate attempt to delay proceedings, given that my claim net of interest is well below the £5000 threshold for the small claims court and that the case is expected to take no more than an hour to be heard. I fail to understand why the small claims court would be unable to deal with this straight forward case. I also believe that the request by Clydesdale Bank to allocate the case to multi-track is an aggressive act, designed to intimidate me into submission.

[pjdudley69]

sounds good to me turt - brief and to the point. They're being right old pains in the ar**!!

[turt77]

Question.

 

Would it be possible/sensible to send the following (or similar) to Kirstie Ross?

 

Dear Ms Ross,

 

I write with reference to the court allocation questionnaire dated 25th July 2006, in which you requested one months stay to resolve the matter.

 

Please be aware that should no settlement be achieved within this time, there will be no further communication from me. Any offer received after Thursday 31st August 2006 will not be accepted without ratification from the court

 

Yours

 

Turt

[caro]

I never think it is a good idea to contact the bank once the court is involved. You letter sounds a bit like you don't expect a resolution and aren't very open to negotiation, even though they have had ample opportunity to resolve it and failed to do so. Just wait and see what happens would be my advice.

[elainepattison]

Can you help. I have noticed different reasons for charges on my statements and need to know which ones I can claim for.

 

Unauth o/d fee

Unpaid DD charge

Unpaid Chq Charge

Charges (monthly)

Interest (monthly)

 

I noticed you had already submitted your claim for refund of charges.

 

Thanks for an help.

[turt77]

Elaine,

 

Unauth o/d fee- YES

Upaid DD charge- YES

Unpaid CHQ charge-YES

Charges (monthly)-YES

Interest (monthly)- I havent, but thats pence in comparison to the rest.

 

Best to have a good read through the FAQ's before you make a start but it definitly sounds like you have a ligitimate claim.

 

Caro,

 

I disagree. The letter makes it clear that I am open to negotiation up until 31st August. The letter is intended to enforce the timescale allowed by the court for negotiation and settlement (i.e one month). In my opinion, they are abusing the system to intimidate me and drag the case on for as long as possible by challenging the cases track. My date for just an allocation hearing is 7 weeks away, and a whole month longer than the stay that the court has allowed them.

[caro]

The choice is obviously yours how you want to play it. I just think the court has imposed its time limits and the bank is more likely to take notice of them so you don't really need to reinforce it. However you must do what is right for you.

 

Keep us posted anyway.

[turt77]

CRACK OPEN THE CHAMPAGNE!!!!!!!!!

 

The bank have offered me £4347.00 (the total value of charges taken) PLUS £350 costs. £4697.00 total.

 

I could hang on to try and get the interest, but I'm not going to.

 

DEAL DEAL DEAL!!!!

[pjdudley69]

Wow Turt, that's fantastic!!!! Congratulations hun - drinks all round then?

 

Pj x

[turt77]

:)Absolutely without a doubt. It's definitly beer o'clock.

[caro]

WOW. Fantanstic. I can barely believe it. The floodgates are a bit further open now.

 

YIPPEE!!!!:D

Did you contact them or was it out of the blue. Come on tell us before you have too much beer.