Dan v Yorkshire Bank ***WON***

[Guest Zooman]

Dan what day where the witness statements signed?

 

I am working on your case now and your poss grounds for objection. Do you still have my home number can you give me a call.

[dan-rides-bikes]

yup, all signed, one on the 3rd and one on the 2nd,

 

i can fax you a copy of everything i recieved if you wish, tomorrow morning

 

i still have your number but im on my way out the door for the evening unfortunatly, but i should be in the office tomorrow, pm me if your available to talk tomorrow

 

thanks

[Guest Zooman]

I take it she did not enter your letter agreeing with terms.

[Guest Zooman]

just PM me your email address and I will email it across latter.

[Guest Zooman]

before you go what day did she make the application as I have almost finished it now.

[dan-rides-bikes]

application made on 7th August

[dan-rides-bikes]

I take it she did not enter your letter agreeing with terms.

 

only one she entered of mine was the one asking for 7 days extension while i consult advice

[Guest Zooman]

lol

[theodane]

Just found this thread and will be watching with interest as I am with the same branch as you Dan. I keep putting off starting the process as I have read so much horror re: Yorkshire/Clydesdale and if I had to go to court I'd be dumbstruck.

[dan-rides-bikes]

just get it started ! there aint nowt to fear,

 

we are in the right, plain and simple

[Guest Zooman]

Dan did you get my email, sorry for typos but I have girl at work who sorts those bits. Did it make sense?

[dan-rides-bikes]

yup perfect sense,

 

all i didnt get was a list of settled cases it refers to

[Guest Zooman]

I will email it you tonight.

[dan-rides-bikes]

letter recieved off clydesdale,

 

offered to settle for £1979.00, i think i may accept, its £300 shy but i could do with the money

[zebbydog]

Go for it Dan,if you are happy with that,its not too bad an offer.Ask yourself is it worth your time and effort chasing the extra £300.After all its money in the bank:D Make no mistake the banks laywers will be monitoring this site and i think they now know that members on here know what they are doing and wont be scared off by bullyboy tactics.Hence the higher offers being made.

[pjdudley69]

Way to go Dan, that's t'riffic - we're on a roll!!!

 

PJ

[mooreda]

don't fall foul and accept their offer - it's your money you're claiming back - if you have taken it this far go all the way - you should get all of your money back in the end - send this letter rejecting their offer as you will only accept the full amount of your claim:

 

Dear Sir/Madam

 

Thank you for your recent offer of £ XXXXX as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty.

 

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963

 

In my original letter I informed you that I would start legal proceedings within 14 days, i would like to take this opportunity to inform you that a claim has been filed with the county courts, and as a subsequence court costs and interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, have been added to the original amount.

to stop any further costs being incurred it is in your best interest to refund in full the revised balance of £xxxxxx fortwith.

[Guest Zooman]

Dan you do whats best for you.

[Guest Zooman]

But remember Dan you have a Judgement for the full amount YOU are in the strong position not them. I would serve them the full list and also stick a without prejudice letter in saying. I already have Judgement for the full amount plus costs plus warrant and I am objecting to your application for the judgement being set-aside. I do not believe that you are in a position to offer reduced offers. And I look forward to the payment in full including costs and warrant fee.

[caro]

I am with Zooman on this Dan. They are increasing their offers and making them very tempting, but if you could do with the money, just think how useful that extra £300 would be.

 

You must do what is right for you, but I hate to see the bank get away with it.

[dan-rides-bikes]

yer i completely understand my position, ive had 3 full succesful claims against halifax

 

this offer is my charges + my costs + another £100 - so i dont see them as getting away with anything

 

im happy with that, if i didnt have a use for the money from this claim id be happy to drag it out, i really would, ill be contacting them on monday for them to be clear on how they are paying me this, if they say anything other than a cheque then the claim continues, i dont owe anything on the accounts

 

and i still have Capital One, YB Visa, Marbles and Egg to play with

 

Zooman, thank you very very very much for the help on the witness statement,

[dan-rides-bikes]

cheque confirmed, said should be on way within 24 hours of them getting the forms, returned them via SD today and enclosed a pre 9am SD Pouch for them to use to return whats rightfully mine

 

[dan-rides-bikes]

still nothing in the post unless my postman is being slack

 

every **** in the world appears to be on holiday at legal services OR their voicemail says they are on holiday till today

 

left a snotty message seeing as their 7 days as stated on the letter expires today

[dan-rides-bikes]

fuming is an understatement

 

7 days from the date the tomlin order is presented to the judge - bollocks it never said that it said 7 days from the date of the letter - unfortunatly i didnt keep a copy but i made it very clear that in future the wording should be chnaged as its confusing

 

w@nkers

 

 

AND ON AND ON AN ON AND ON

 

in front of the judge today - they will ring the court tomorrow - THEN they have 7 days if the judge agrees

 

****ed off of s****horpe

[caro]

Sorry I couldn't follow your last post, but I am not surprised you had nothing today as the last working day was Friday, so I would have expected you to get it Saturday. I suggest you write to them and advise that unless you receive payment by return you will continue to pursue your claim through the court which will include interest. If you felt so inclined you might give them 7 days to comply or you will withdraw your agreement to settle. When they sent my offer they wanted me to sign a form stopping the action and return to them for them to send in. Assuming they did this to you and you signed it they should not have submitted it yet so the case is still ongoing. Personally I would not trust them with such a signed document.

 

I know you would rather settle and get the money, but if they are messing you about again...............