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Turt77 v Yorkshire bank **SETTLED**


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Nice, very very nice.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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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.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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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

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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Good stuff! Getting there - slowly :)

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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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.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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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.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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!

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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£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!!

Halifax: Letter settling in full 21/09/06 £857.

Yorkshire Bank: settled Decd 06 £2700

Lloyds TSB: Settled & 2nd claim started 23/07/07 £870

Lloyds TSB Business account: Received Statements & will be starting soon

Mint, Nthn Rock, MBNA & Bank of Scot cred cards all settled, total £1100

Capital One, Marbles & Barclaycard all started MCOL, totalling £900

Yorkshire Bank pre 6 years awaiting statements, now over 60 days!!!

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

 

Stick at it.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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  • 3 weeks later...

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.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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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.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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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

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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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.

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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.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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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.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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:D CRACK OPEN THE CHAMPAGNE!!!!!!!!!:D

 

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.

 

:D DEAL DEAL DEAL!!!!:D

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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

 

Pj x

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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

 

YIPPEE!!!!:-D:p:D

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

  • Confused 1

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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