pjdudley69 v Yorkshire Bank **SETTLED**

[pjdudley69]

Thanks Trunny, done - I should be there with the best of em soon

[pjdudley69]

OMG, just had a thought [no, it didn't hurt [much] before anyone asks ], I didn't have to provide the spreadsheet with the breakdown of my charges with my claim did I? I'm really hoping I haven't dropped a b*ll*ck with this!!!

[caro]

I think you probably should have. Could you just send it to all those who received a copy of the claim, with a note saying something like "please find attached a spreadsheet showing my calculations", as if you are just being helpful and reasonable. No need to mention you forgot it.

[pjdudley69]

Letter received from court advising that YB filed Acknowledgement of Service on 14 June and intend to defend all of the claim.

[caro]

Don't buckle under PJ. I suggest that you get all your facts sorted and make sure you are comfortable that you understand your arguments. There is plenty in the library on going to court, so familiarise yourself with that. Don't forget the court buddy system, and of course you have trunny close by so I'm sure you can help each other. When you receive a copy of the defence you can then start taking that apart. Sorry if you've done all this, just trying to help.

 

Don't forget though, might well be bluffing, and you could get your money back any time now. Keep up the good work.;-)

[pjdudley69]

Thanks Caro. Me n Trunny have already had the discussion about scare tactics - we reckon they'll cough up at the 11th hour. We're meeting up on Wednesday to try and come up with something in case we both end up having to go to court. Don't know what we'll achieve tho' cos we're meeting at the pub lol

[caro]

Are battle plans in place? Are you keeping it all on a need to know basis, and we don't need to know. Top secret until mission accomplished. Whatever the reason for the quietness at the mo, I'm thinking of you.

[pjdudley69]

Are battle plans in place? Are you keeping it all on a need to know basis, and we don't need to know. Top secret until mission accomplished. Whatever the reason for the quietness at the mo, I'm thinking of you.

 

Battle plans in place? lol, me and Trunny met up and discussed meeting up when we've got our court dates lol

 

It was great meeting her though, before we go to battle [so to speak] lol She really is as nice as she appears and, thankfully, I didn't walk in the pub looking like she expected lol [do you wanna tell em what you were expecting Trunny hun, or shall I?? lol]

[trundlecat]

I'm back! Oh god, what a crap week but things ar turning now.

 

I was sat there in scruffy jeans & T-Shirt dreading a little tarted up dolly bird walking in but thank goodness, a normal human being turned up instead Well.... kind of normal lol ;-)

[caro]

I'm back! Oh god, what a crap week but things ar turning now.

 

I was sat there in scruffy jeans & T-Shirt dreading a little tarted up dolly bird walking in but thank goodness, a normal human being turned up instead Well.... kind of normal lol ;-)

 

I think there might be a compliment in there somewhere if you look hard enought PJ.lol:p

[norvernrob]

Good luck, I will also be putting in a moneyclaim this week so there are a few claims starting to go in against YB!

[hilaryfrances]

any news yet Trunny and PJ???

[pjdudley69]

Not yet Hilary - they've got until 12 July to file their defence. I can't imagine it'll be a very good one though lol

[pjdudley69]

I think there might be a compliment in there somewhere if you look hard enought PJ.lol:p

 

Well I've looked really really hard and I'm still not sure I see it lol

[dan-rides-bikes]

Not yet Hilary - they've got until 12 July to file their defence. I can't imagine it'll be a very good one though lol

 

no they dont, they have until 6th

 

28 days from date of service if im not mistaken, it doesnt matter if they leave it 13 days to acknowledge, the clock on the 28 days to file a defence starts running from when they are deemed to have recieved it - 2 days after issue

[trundlecat]

Dan - yes you're right, it's from the date of service.

 

PJ - course it was a compliment

[dan-rides-bikes]

no worries, wouldnt want them to try and squeeze a few extra days out of you

[pjdudley69]

no they dont, they have until 6th

 

28 days from date of service if im not mistaken, it doesnt matter if they leave it 13 days to acknowledge, the clock on the 28 days to file a defence starts running from when they are deemed to have recieved it - 2 days after issue

 

Thanks for that Dan - I thought it was 28 days from acknowledgement of service!! Oooh, I'll know even sooner then - can't wait!

[dan-rides-bikes]

no worries, just a little bit of knowledge i gained from this little site

[trundlecat]

Oooh, I'll know even sooner then - can't wait!

 

You mean you'll have your money lawfully returned even sooner hun

[pjdudley69]

You mean you'll have your money lawfully returned even sooner hun

 

Course thats what I mean - I'm skinter than skint at the moment!!! lol

[pjdudley69]

Received YBs defence today. I'm going to have to go back through all my statements again, and double check my figures. I'm certain I've got the right amount at £498 [i've claimed for £517.91 tho' because I've added the debit interest when they've made charges] but in their defence YB have attached a schedule of charges totalling £453, so I want to try and figure out how they've come to that figure. They've broken it down as:

 

Unauthorised Fees = £8.00

Monthly Charges = £40.00

Unpaid Cheque Fees = £10.00

Unauthorised Overdraft Fees = £185.00

Monthly Fees = £210.00

 

I know for a fact that I had an Unpaid Cheque Charge of £33 back in June 2002, and 2 x £8.00 and 1 x £4.00 unauthorised o/d charges, but there is nothing in there schedule which could possibly account for the odd figure! Unless I've made a complete balls up of it, which I don't believe I have.

 

I'll try and post the major points of their defence later, when/if I get my head round it!!

[pjdudley69]

I've had a read through the defence, and it's still don't make a lot of sense, but basically it's saying that I knew the standard terms & conditions for the account, and had been informed of charges etc etc. The major points are:

 

"It is denied that the Charges or any of them were a disproportionate penalty and unenforceable as alleged in the Particulars of Claim. The Charges were a genuine pre-estimate of damage resulting from the Customers' failure to keep within the agreed overdraft limit on the account."

 

"It is further denied that the Charges were levied pursuant to a contract term requiring the Customers to indemnify the Bank within the meaning of Section 4 of the UCTA 1977. In the premises Section 5 of that Act has no application in these proceedings."

 

"It is further denied that by virtue of Section 15 of the Supply of Good and Services Act 1982 the amount of the charges falls to be determined by reference to what is reasonable."

 

It also goes on to say that it's further denied that the T&Cs requiring the Claimant to pay the charges were unfair terms within the meaning of the Unfair Terms in Consumer Contract Regulations 1999, S.I 1999 No 2083. Without prejudice to the generality of the foregoing: [1] the terms conditions were fair having regard to the following matters: [a] the cost to the Bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and dds and abuse of chq & debit cards for the purpose of keeping the level of overdrawing under review & controlled as far as possible; the increased risk of loss to the Bank arising from such unauthorised transactions & the associated cost of the enforcenment & recovery systems; [c] the need to operate standard procedures & to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

 

In the premises, the Claimant is not entitled to the relief sought or to any relief.

 

Sorry bout the long post - I'm just confused now. I haven't got a clue what any of the above means really and I'm not sure about my arguments back for if it gets to court.

 

If anyone could explain it to me in laymans terms, it'd be great.

[alanfromderby]

Their defence looks like standard stuff, and nothing to get concerned about. Next stage will be the Allocation Questionnaire. Keep us posted - there are now details on how to complete the AQ in the Bank Template Library.

[pjdudley69]

Thanks for that Alan, I can breathe and relax again now